Can I File A Lawsuit For Sexual Harassment?

Experiencing sexual harassment at work or any setting, professional or personal, can be emotionally distressing, to say the least. If you’re like most people who have, there’s a good chance you’re wondering whether legal action is a legitimate option you can explore. As you think through these things, it’s likely that a plethora of other peripheral questions will cross your mind as you frantically search things like sexual harassment lawyer near me online.

Sexual harassment lawyer Brian Hannemann of Hannemann Law Firm in Upland, CA, understands how difficult and isolating this kind of situation can be. That’s why he wrote this article to show that he genuinely cares and to begin answering your questions as a way of helping you move forward with clarity, support, and a sense of empowerment.

Just remember that this content is provided solely for general information and should not be understood to be legal counsel. For personalized guidance, it’s best to speak directly with a qualified sexual harassment claims attorney.

How Do I Know If I Have A Valid Sexual Harassment Claim? 

Determining whether or not you have grounds to bring a sexual harassment lawsuit might not be as clear-cut as you think it should be. The conduct you experienced must meet legal definitions set under both federal and California state law. That said, in general, there are two types of workplace sexual harassment:

Quid Pro Quo Harassment 

This happens when a person with power, such as a manager, asks for sexual favors in return for job-related perks, like a raise or a promotion.

Hostile Harassment 

Unwelcome, explicit sexual conduct, be it comments made toward you, touching, gestures, and jokes that don’t stop no matter how many times you ask, all constitute hostile harassment. They generally create an intimidating or offensive environment that makes you feel constrained, to put it lightly.

What Are The Steps Involved In Filing A Sexual Harassment Lawsuit? 

Filing a sexual harassment lawsuit involves several steps, including:

Reporting An Incident(s) 

Before diving in, you need to report the episode(s) through your employer’s processes. This is likely to include notifying HR.

Filing With The EEOC Or DFEH 

Before pursuing a lawsuit, you must first submit a complaint to either the Equal Employment Opportunity Commission or California’s Department of Fair Employment and Housing. These agencies will investigate your complaint.

Obtaining A Right-To-Sue Notice 

After their investigation concludes, you may receive a right to sue letter. If you do, you can proceed with filing a lawsuit.

Filing A Civil Lawsuit 

You’ll need to file a complaint with the appropriate court. It’s at this point that you’ll really benefit from working with an attorney. Your complaint will need to outline the nature of the harassment, the damages you suffered, and the relief you’re seeking.

Litigation 

Most cases settle before trial. That happens at this part of the process after evidence is shared, depositions are undergone, and negotiations are held. Court is the final option should these other alternatives not bring about meaningful resolution.

Is There A Time Limit To File A Sexual Harassment Claim? 

Acting promptly is critical in sexual harassment cases. You typically have up to 300 days from the date of the incident to file a complaint with the EEOC. You’re also required to file a claim with the DFEH within three years. Failing to meet these deadlines means you’ll lose your ability to bring a lawsuit. Act quickly so this doesn’t happen. 

Do I Need An Attorney To Sue For Sexual Harassment? 

You’re not required by California law to hire an attorney, but you’ll do well to partner with one. A skilled lawyer can:

• Help you collect and preserve key evidence
• Navigate various administrative requirements
• Manage all communications so you don’t have to
• Evaluate damages you may not be aware of, like lost wages, emotional distress, and punitive damages
• Represent you in negotiations or trial

Can I Sue Both The Harasser And The Company? 

You may be able to take legal action against both the person who harassed you and your employer, depending on the circumstances. This is generally an option if:

• A supervisor or manager was responsible for the misconduct
• Your employer did not respond appropriately or in a timely manner after being made aware of the situation
• There was no adequate system in place for reporting and addressing complaints of this nature

Taking action may feel intimidating, but don’t let that deter you from seeking justice. Having a knowledgeable attorney who focuses on sexual harassment cases working for you can significantly impact the outcome of your case.

Brian Hannemann and the team at Hannemann Law Firm in Upland, CA, are here to listen, advise, and represent however you need during such a difficult time. Reach out to Brian Hannemann, and he’ll help determine if you have a claim, then chart a course forward that brings you toward justice and healing.