Sexual Harassment Attorney in San Jose, California

In California, sexual harassment is illegal, and for good reason. Employers are prohibited from making unwelcome sexual advances or seeking sexual favors from their employees or job applicants. Indeed, any kind of physical or verbal sexual harassment in the workplace, including inappropriate sexual remarks, is unlawful in the state. It’s important to fully understand your rights if you feel you’ve been sexually harassed at work. 

If you have been subjected to sexual harassment at your place of employment, reach out to an experienced California employment law attorney right away. Attorney Joel P. Waelty is committed to offering personalized, compassionate, and reliable representation to employees in their workplace sexual harassment claims. As your legal counsel, Joel can evaluate all of the surrounding facts of your unique situation and explore your options to seek relief. 

Law Offices of Joel P. Waelty is proud to serve clients across San Jose, California, and surrounding areas throughout the Silicon Valley, as far south as Monterey and as far north as Oakland. 

Overview of Sexual Harassment

Sexual harassment includes any unwanted behavior, conduct, or acts of a sexual nature. Such acts may include seeking sexual favors, unwelcome touching, unwelcome sexual advances, making inappropriate sexual remarks or jokes, as well as other forms of verbal or physical harassment of a sexual nature. 

Examples of Workplace Sexual Harassment

Here are some common examples of workplace sexual harassment: 

• Asking questions about an employee or coworker's sex life 

• Unwelcome flirting with an employee or making gestures to an employee 

• Using gender or sex-related name calling 

• Making sexual remarks about an employee's outfit, appearance, or body parts 

• Physically blocking an employee’s movement 

• Making sexual comments or jokes about an employee's gender reassignment or sexual orientation 

• Telling sexually offensive jokes to a coworker 

• Sending texts, emails, and notes about sex or private body parts to an employee or coworker 

If you or someone you know has been sexually harassed at work, you need to reach out to a trusted employment law attorney immediately. Your legal representative can thoroughly review and investigate all of the facts of your situation and help identify your harasser.

Who Can Be a Harasser?

A number of different people could be your harasser, depending on the surrounding circumstances of the sexual harassment incident. These include: 

• The victim’s supervisor 

• A supervisor in another department 

• A non-employee 

• An agent of the employer 

• A coworker

A California sexual harassment attorney can help you identify your harasser, educate you about applicable statutes to your case, and determine the best way to proceed with your claims. 

Laws Addressing Sexual Harassment

Here are some laws addressing sexual harassment cases: 

Title VII of the Civil Rights Act

According to Title VII of the Civil Rights Act of 1964, state government, local government, and private employers that have at least 15 employees are prohibited from discriminating on the basis of sex, religion, race, national origin, and color in every aspect of the employment relationship. 

State Laws

Under California's Fair Employment and Housing Act, from January 1, 2021, an employer with five or more employees is required to provide: 

• At least one hour of classroom or other efficient interactive training and education concerning sexual harassment to all nonsupervisory employees 

• At least two hours of classroom or other efficient interactive training and education concerning sexual harassment to all supervisory employees 

In addition, the training must be organized within six months of their assumption of a position and at least once every two years. 

Available Remedies

Victims of workplace sexual harassment in California may be entitled to recover the following remedies by filing a claim or lawsuit: 

• Compensatory damages for financial and emotional injuries 

• Medical expenses, such as therapy or psychological care 

• A court injunction ordering the employer to stop any discriminatory acts 

• Lost income, pension, and other benefits 

• Reinstating the victim if their employment was wrongfully terminated. 

• Compensation for injury to the victim’s self-respect, feelings, or dignity 

• Punitive damages to further punish the harasser 

A dependable lawyer can advocate for your best interests, attempt to pursue the maximum available compensation, and help protect you against workplace retaliation. 

Retaliation Prohibited

Retaliation can be described as any adverse action taken by an employer against an employee who filed a complaint for workplace sexual harassment or discrimination. Such adverse or retaliatory actions may include threatening, firing, reassigning, or demoting the employee. Reach out to an attorney who can assess every detail of your case, help prove retaliation, and determine a strong course of action. 

How Legal Counsel Can Help

Being the victim of workplace sexual harassment can be incredibly frustrating. However, you have options. California laws allow employees and job applicants who have been sexually harassed to file a complaint against their harasser in court and seek legal remedy. If you have suffered sexual harassment at your workplace, hiring an employment law attorney is imperative. 

The attorney at Law Offices of Joel P. Waelty is ready to assist employees in their workplace sexual harassment claims. As your legal counsel, Joel can investigate the incident, seek to identify the harasser, and explore your options to recover damages. Attorney Joel P. Waelty will fight zealously for your best interests and help you find a path forward.