Discrimination and Sexual Harassment

Discrimination and Harassment in the Workplace

Webb Law Group, APC has a team of employment attorneys who are highly experienced in lawsuits relating to workplace discrimination and harassment. Our Southern California employment litigation team has the necessary experience to handle these types of claims.

Despite the fact that there are many federal, state, and local laws in place that prohibit discrimination in the workplace and require equal rights be granted to all employees, discrimination still exists today in the workplace. Discrimination in the workplace creates a toxic environment, and one that should not be tolerated by any employee of the company. Unfortunately, most instances of discrimination are never reported, and no action is taken against the perpetrating employer, including bosses and coworkers who have engaged in discrimination or allowed it to occur in at work.

California as a state has some of the most protective laws regarding discrimination in the nation. Under the California Fair Employment and Housing Act (FEHA) the areas that are considered protected include ancestry/creed, age, color, disability, genetics, gender, gender expression or identity, marital status, military or veteran status, nationality, race, religion, sex, and sexual orientation. Under FEHA, it is illegal for an employer to discriminate or harass an employee or prospective employee due to any of these protected traits. This is true from very start of the hiring process, during employment, and all the way through termination.

Frequently Asked Questions

No. In addition to protecting you from discrimination and harassment, California’s Fair Employment and Housing act also protects employees from being retaliated against on the basis of actions taken related to making complaints or claims about possible violations. Additionally, California has separate whistleblowing laws that may protect you from being retaliated against for making complaints of illegal activity, such as discrimination or harassment. If you believe that you are being retaliated against for your involvement in making a complaint, contact Webb Law Group, APC today for a consultation.

Like many legal questions, the answer is, “it depends”. There could be a variety of laws that you are suing under, all with different time limitations. And there also might be exceptions or special circumstances to your situation. For example, if you work for a government entity, you may have extra time limitations that require you to take action within six (6) months of the issue. That all said, in California, before you may sue for discrimination, you will need to file a complaint with the Department of Fair Housing and Employment (DFEH) in order to obtain a right to sue notice that will allow you to sue for discrimination. A good rule of thumb is that you will need to have a right to sue letter within one year (1) of the illegal activity, although if you have questions about whether or not you have claims, you should contact an experienced employment attorney to discuss your legal rights.

The answer to this question depends on numerous factors and will be specific to each individual scenario. Some especially strong cases settle for millions of dollars; most settle for substantially less than that. An experienced discrimination attorney can help you asses the value of your case however, as a rule of thumb victims can recover four (4) main types of damages:
Lost wages and benefits;
Pain and suffering experienced as a result of the unlawful conduct
Punitive damages to punish the company for acting improperly; and
Attorney’s fees if you go all the way to trial and win.

Companies are not allowed to fire someone because they are a member of a protected class or they did something protected by law. And companies also are not allowed to refuse to hire, pay less, demote, or reprimand someone because they are a member of a protected class or engaged in a protected activity.

  • Our employment discrimination lawyers in both Fresno and San Diego have taken action against perpetrators of:
  • Race and national origin discrimination
  • Religious discrimination
  • Age discrimination
  • Gender, sexual orientation and pregnancy discrimination
  • Unfair denials of family and medical leave
  • Refusals to make reasonable accommodations and other violations of disability rights

Speak to an Experienced Fresno or San Diego Employment Lawyer

Webb Law Group, APC has a long history of representing employees in discrimination and harassment employment law cases and we know how to get the best results for our clients. If you suspect that you are being subjected to unfair treatment in the workplace, or are being discriminated against and harassed, please contact Webb Law Group, APC., at (619) 399-7700 to schedule a consultation with an attorney.

Sexual Harassment and Assault in Employment

As a victim of sexual harassment or assault you may be feeling a powerless and you may not know what your next step should be. Webb Law Group, APC has a team of employment law attorneys who are experienced in handling matters involving sexual harassment or sexual assault in the workplace. Our San Diego and Fresno employment lawyers at Webb Law Group, APC will explain your legal options and help you choose the best path forward.

No one should have to tolerate inappropriate sexual comments or touching in the workplace. Even with the added attention that the #MeToo movement has brought to the widespread issue of sexual assault, there are still many victims who are suffering from sexual harassment or sexual assault at work. This experience can be incredibly difficult to navigate for the victim, but Webb Law Group, APC has a long history of representing employees in these sexual harassment and sexual assault cases and we are here to help you in an understanding and compassionate manner while we seek justice for you.

Frequently Asked Questions

While sexual harassment comes in many forms, there are two main types of sexual harassment, quid pro quo harassment and hostile work environment harassment. Quid pro quo” translates to “something for something.” And it is the type of harassment where a supervisor requires you to engage in sexual conduct in order to obtain an employment benefit. For example, a boss requiring someone to sleep with them in order to obtain a promotion. Hostile work environment is when an employee is subjected to unwanted harassing conduct because of sex, gender, and/or gender expression. The harassment must be so severe that a reasonable person in the victim’s position would have considered the work environment to be hostile or abusive.
No. In addition to protecting you from sexual harassment, California’s Fair Employment and Housing act also protects employees from being retaliated against on the basis of actions taken related to making complaints or claims about possible violations. Additionally, California has separate whistleblowing laws that may protect you from being retaliated against for making complaints of illegal activity, such as sexual harassment. If you believe that you are being retaliated against for your involvement in making a complaint, contact Webb Law Group, APC today for a consultation.
The law is divided into two main areas, criminal and civil. The purpose of criminal law is to punish criminal offenders and to deter future illegal activity from happening. The purpose of civil law is to compensate people for the wrongs that have been done to them. If you are the victim of a sexual assault in the workplace, you will have experienced pain and suffering and may have suffered financial consequences as a result of your attacker’s unlawful behavior. Filing a civil claim can help you get the compensation that you are entitled to.

https://www.psblaw.com/sexual-harassment.html

Sexual harassment comes in many different forms. Some of the more common types of sexual harassment in the workplace fall into one of the following categories:

  • Unwanted sexual advances or invitations
  • Visual conduct such as sexual gestures, sharing or displaying sexually provocative pictures or objects, inappropriate staring
  • Verbal conduct such as making inappropriate comments, lewd remarks, sexually explicit jokes, sexual comments about a person’s body, clothing, appearance, or sexual activity,
  • Physical conduct such as groping, unwanted touching, or impeding an employee’s ability to move
  • Offering employment benefits in exchange for sexual favors, making the employment contingent on engaging in sexual acts, or demanding submission to sexual requests as a condition of remaining employed
  • Punishing or threatening punishment in the workplace after a negative response to a sexual advance

In the most dire and unfortunate of situations, an employee may be the victim of not only sexual harassment, but also sexual assault by a supervisor or co-worker. If you have been the victim of unwanted touching or a sexual assault at work, it is incredibly important that you obtain treatment from your personal physician and emotional support through individual and/or group therapy. We understand how difficult it can be to reach out for help, to talk about what happened, and to experience the feelings that come with being a sexual assault survivor. The first step to healing is getting help. While our office is equipped to help you handle the legal aspects of this very serious and troubling issue, it is important that you get the other help that you need from specialists in those areas. Our office has successfully litigated cases in which a supervisor or boss has engaged in unwanted sexual touching or behavior and we will fight for your rights.

Speak to an Experienced Fresno or San Diego Employment Lawyer

Webb Law Group, APC has a long history of representing victims in sexual assault and sexual harassment cases and we know how to get the best results for our clients. If you feel that you are the victim of sexual harassment or unwanted sexual contact, please contact Webb Law Group, APC., at (619) 399-7700 to schedule a consultation with an attorney.

Contact Webb Law Group

If you would like to schedule a free, no-risk consultation with Webb Law Group, call 559.431.4888 or 619.399.7700 between 7am and 5:30pm Monday – Friday. You can also submit a request through our online form. If we cannot answer you inquiry immediately, we will be in touch within 24 hours.

Send Us A Message