Riverside Sexual Harassment Lawyer

Sexual harassment in the workplace is a serious issue that can have a profound effect on those who experience it. Not only can it lead to a hostile work environment, but it can also result in lost wages, job loss, and emotional distress. If you believe that you have been the victim of sexual harassment, it is important to understand your rights and options under the law. Contact our Riverside employment lawyers for help.

Why You Should Hire Sessions & Kimball For Your Sexual Harassment Claim

If you have been the victim of sexual harassment in the workplace, it is important to know that you are not alone. There are many laws in place to protect you from this type of discrimination, and there are experienced attorneys who can help you fight for your rights. Hire Sessions & Kimball because:

  • Sexual harassment cases are delicate and often emotionally charged. They require an attorney who is not only knowledgeable in the law but also compassionate and understanding. At our firm, you will find all of that and more.
  • We have the resources and manpower to take on even the most complex cases.
  • We get to know you and your story so that we can tell it in the most effective way possible. We are committed to getting you the justice you deserve.

If you believe that you have been sexually harassed, contact us today to schedule a free consultation. 

Workplace Sexual Harassment – What Is It and What Are the Two Types?

Workplace sexual harassment is a type of discrimination that occurs when an individual is subjected to offensive, unwelcome, or unwanted sexual comments, advances, or conduct. Sexual harassment in the workplace can occur between co-workers, supervisors and subordinates, or customers and employees.

There are two types of workplace sexual harassment: quid pro quo and hostile work environment. Quid pro quo sexual harassment occurs when an individual’s employment status is made contingent upon their submission to or rejection of sexual advances. A hostile work environment is created when an individual is subject to offensive, unwelcome, or unwanted conduct that is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment.

Some examples of quid pro quo sexual harassment include:

  • A supervisor offering an employee a promotion in exchange for sexual favors
  • A supervisor transferring an employee to a less convenient office because they refused to engage in a sexual relationship  

Some examples of conduct that could create a hostile work environment include: 

  • Unwanted physical contact (e.g., hugging, kissing, groping) 
  • Lewd comments or jokes in your presence, no matter who they’re directed at
  • Displaying sexually explicit images 
  • Making repeated requests for dates after being told no 

The Role of a Riverside Sexual Harassment Attorney in Workplace Investigations

If you find yourself in the position of having to file a sexual harassment claim against your employer, you may be wondering what role a Riverside sexual harassment attorney will play in the investigation. An attorney can provide invaluable guidance and support throughout the investigatory process. Here are three ways a sexual harassment attorney can help:

1. Determine whether to file a formal complaint

If you come to your Riverside sexual harassment attorney with allegations of sexual harassment, the first thing they will do is sit down with you and determine whether filing a formal complaint is the right course of action. In some cases, it may be possible to resolve the issue informally without involving HR or going through an official investigation. However, in other cases, it may be necessary to take more formal action to ensure that the harasser is held accountable and that appropriate steps are taken to prevent future incidents from occurring.

2. Advise you on how to proceed with the investigation

If you do decide to file a formal complaint, your attorney will advise you on the best way to proceed with the investigation. They will also be able to provide guidance on how to deal with any roadblocks that may arise during the course of the investigation, such as uncooperative witnesses or a resistant HR department.

3. Help you obtain evidence and build your case

One of the most important roles your attorney will play is helping you collect evidence and build your case. This may involve subpoenaing documents, taking depositions, and interviewing witnesses. Your sexual harassment attorney will also be able to advise you on what type of evidence will be most persuasive in front of an investigator or judge.

Remedies in a Riverside Workplace Harassment Claim

Workplace harassment can have severe impacts on an individual’s career and well-being. Fortunately, there are several remedies available to address such issues, enabling victims to obtain justice and protect their careers.

Obtaining Compensation

Victims of workplace harassment may be entitled to monetary compensation. This compensation can cover a variety of damages, including:

  • Lost Wages: If the harassment led to missing work or losing a job, victims could recover lost income.
  • Emotional Distress: Harassment can cause significant emotional trauma. Victims may receive compensation for pain and suffering endured.
  • Medical Expenses: If the harassment necessitated medical or mental health treatment, associated costs might be reimbursed.
  • Punitive Damages: In some cases, the court may award punitive damages to punish the harasser and deter others from engaging in similar behavior.
  • Attorney Fees and Legal Costs: Victims can also seek reimbursement for any legal fees or costs incurred during the claim process.

By pursuing these remedies, victims of workplace harassment can seek justice and ensure they are adequately compensated for their suffering.

Reinstating Employment

When harassment leads to unjust termination or resignation, another remedy can be reinstatement. This involves:

  1. Getting the Job Back: The victim might be offered their old position back, ensuring continuity in their career.
  2. Restoring Benefits and Seniority: Reinstatement also means restoring any lost benefits or seniority that may have been affected by the harassment.
  3. Back Pay: Along with reinstatement, the victim may receive back pay for the period they were unemployed due to the harassment.

By addressing these forms of compensation and remedies, victims can take significant steps toward reclaiming their lives and securing a more just and equitable working environment.

Policy Changes

Addressing workplace harassment often requires structural changes within the organization:

  • Implementing New Policies: The employer might be required to introduce or revise harassment policies to ensure a safer working environment.
  • Training Programs: Mandatory training for employees on recognizing and preventing harassment can be instituted to foster a more inclusive culture.
  • Procedural Improvements: Establishing clear reporting procedures and ensuring timely investigations can further protect employees.

Other Remedies

In addition to reinstatement and policy changes, there are several other remedies that organizations can consider to address and prevent workplace harassment:

Transfers: The harasser may be fired or transferred to a different department to avoid future interactions. This measure can help alleviate the immediate tension and discomfort that arises from having to continue working near the harasser. If the victim wishes to transfer, that may be possible also. These transfers can prevent further incidents and provide the victim with a fresh start in a different work environment.

Confidential Settlements: Some cases may be settled privately, with terms agreed upon by both parties, to avoid public litigation. Confidential settlements often involve monetary compensation, apologies, and non-disclosure agreements to protect the privacy of both the victim and the organization.

This approach can be beneficial as it offers a faster resolution compared to lengthy court battles, minimizing the emotional and financial burden on the victim. It also allows the organization to address the issue discreetly while implementing necessary changes to prevent future incidents.

Navigating a workplace harassment claim can be complex, but understanding the available remedies helps victims seek appropriate justice and improvements in their work environment.