Have you recently asked the question, “Is there a sexual harassment attorney near me who will help me receive justice for discrimination in the workplace?” If you are needing legal assistance, you can find relief locally. Not only can you receive compensation for damages, but you can also get reinstated if that is your wish. You just need to have a legal expert guide you through the process.
How Can a Sexual Harassment Attorney Near Me Help?
So, if you’re asking “How can a sexual harassment attorney near me help?” you can find the answers herein. Not only can he or she investigate your claim, they can also direct and advise you so you can prove your case successfully.
What is Sexual Harassment?
To do this, you first need to define sexual harassment legally. The court uses the definition to determine damages and the degree of harassment.
Cornell University’s Legal Information Institute (LII) states that sexual harassment falls under the 1964 Civil Rights Act legislation’s Title VII. To expand on this statement, the U.S. EEOC (Equal Employment Opportunity Commission) says that sexual harassment is translated to unwanted sexual advances, including physical and verbal behaviors that are sexual in nature and requests for sexual favors.
Harassing Behaviors in the Workplace
The EEOC further breaks down the behaviors, as follows:
- The perpetrator makes a sexual favor, explicitly or implicitly expressed, as a term of condition for the victim’s continued employment.
- The harasser uses a victims’ submission or rejection of a sexual request or behavior in determining his or her employment decisions
- The behavior impacts a person’s work performance, interfering with their day-to-day work responsibilities, thereby creating an offensive and/or hostile work environment
Defining the Victim and Harasser
According to the EECO, the victim can be the same sex or the opposite sex. The harasser may be a victim’s supervisor, a manager of another department, a co-worker, an employee in another office, a vendor, or a customer.
Moreover, discrimination attorneys state that the victim does not have to be directly harassed. They can be an employee who finds the behavior of the perpetrator offensive and rude. This unlawful behavior is still a violation even if the victim is not economically injured or fired.
The EEOC definition has formed the basis for most of the laws in the U.S. that prohibit sexual harassment. The federal law, through Title IX of the 1972 Education Amendments, also forbids sexual harassment in the school system. This added legislation allows students to file complaints about sexual hostility or harassment where they attend school.
Therefore, it is important to find a sexual harassment attorney or ask the question, “Where can I find a sexual harassment attorney near me?” if you feel your rights have been violated along these lines. The sooner you act, the better, as the statute of limitations only runs a short time.
How Long Do You Have to File a Claim?
When you have to file a sexual harassment claim in California in relation to your employment, you first need to file an administrative complaint with one of two agencies. You cannot file a lawsuit unless you file a complaint first with either the California Department of Fair Employment and Housing (DFEH) or the EEOC.
The statute of limitations runs out for filing a claim with the DFEH 3 years from the date of the most recent harassment. When filing the complaint, the victim may request a letter for the right to sue. Once he or she receives the notice, they can proceed with a lawsuit.
If you file for sexual harassment with the EEOC, you have 180 days from the most recent harassment. If claims are filed simultaneously with both the DFEH and EEOC, the EEOC complaint is extended to 300 days from the last date of the harassment.
Compensation for Sexual Harassment: What Can I Receive?
If you’re harassed on the job and win a sexual harassment lawsuit, you may receive compensation in the form of front pay and compensatory and punitive damages. What you get in compensation will depend on the nature of the harassment and the facts surrounding your case.
Reinstatement and Front Pay
If you quit your job or were fired because of sexual harassment, you do have the right to return the job or get reinstated. However, reinstatement is often impractical as the position may no longer exist or it may have been filled. Your working relationship may have been too hostile to consider this type of move as well.
Instead of reinstatement then, you may ask for front pay to cover any earnings lost because of the harassment. In this case, the court can award you for wages lost from the judgment date to a date in the future.
Compensatory and Punitive Damages
Compensatory damages cover any emotional distress you suffered while working. This is also known as pain and suffering. You can also receive compensation for reputational harm or for any out-of-pocket expenses such as the money paid for employment searches and medical or psychological treatments.
Courts may also award punitive damages if an employer’s behavior was particularly bad. The court may award these damages if the employer knew about the harassment but did nothing to correct the problem. For instance, if upper management knew about the activity and that it was illegal, but did not respond, you can hold them liable.
The amount of compensation you receive is based on the number of employees in the company as well. The court will also determine compensation depending on your attorney’s fees. It typically will ask the attorney to provide a fee statement before a judgment is made.
Where Can I Find a Sexual Harassment Attorney Near Me?
If you’re seeking relief from sexual harassment in the workplace, it is naturally reasonable to ask, “Where can I find a sexual harassment attorney near me?” That is a good question. In California, call Belal Hamideh, your one go-to source for filing a sexual discrimination claim. Call (562) 526-1226 to start the process immediately.