Unfortunately, sexual harassment in the San Diego hospitality and restaurant industry is a pervasive and often severe issue. Workers in the service industry, especially tipped employees and women, face harassment and inappropriate conduct from supervisors, coworkers, and even customers and clients. If you experience sexual harassment in the workplace, whether you work in an office or in a restaurant, consult a qualified San Diego sexual harassment attorney.

Understanding San Diego Sexual Harassment Laws

If you work in hospitality, including in the restaurant industry, your legal rights surrounding sexual harassment in the workplace include:

• The right not to be sexually harassed. It is against state and federal law for workers to be harassed or discriminated against, including for their gender identity, sexual orientation, appearance, and other protected characteristics.
• Speak up about the misconduct. If you or a coworker is experiencing sexual harassment at work, you have the right to alert a supervisor or Human Resources of the mistreatment or inappropriate behavior. This includes informal and formal complaints.
• File a complaint with an administrative agency. If the issue is not sufficiently resolved internally, you have the right to take the matter to an outside agency by filing an administrative complaint.
• Take legal action. As a victim of workplace sexual harassment, you also have the right to take legal action against your employer by filing a case in state or federal court. This can help you to hold your employer accountable as well as recover damages.

The California Civil Rights Department reported that in 2023, of the 4,072 employment complaints filed, 470 involved sexual harassment and 1,351 involved the worker’s sex/gender.

Hire a Sexual Harassment Lawyer in San Diego

It is strongly recommended that you hire a sexual harassment lawyer if you believe you were the victim of workplace misconduct. Your lawyer can review the details of your case to confirm the harassment, collect evidence, and build a compelling case on your behalf. As your legal counsel and representation, your attorney is there to advocate for you and protect your rights.

To hold your employer accountable, including facing appropriate sexual harassment penalties, be sure to work with a qualified sexual harassment lawyer. At Jimenez Loayza, APC, we have a genuine belief in workers’ rights and are committed to standing up for employees who have been mistreated or wronged.

Where Are Sexual Harassment Claims Processed?

A sexual harassment case in the San Diego hospitality and restaurant industry may be processed by a state court or a federal court, depending on which law the claim is filed under. For harassment claims filed under a California law, such as the Fair Employment and Housing Act (FEHA), jurisdiction would most likely be the San Diego County Superior Court system. The Central Courthouse is located at 1100 Union Street, San Diego, CA 92101.

If the claim was instead filed under a federal law, such as Title VII of the Civil Rights Act, the US District Court for the Southern District of California would most likely have jurisdiction. The Edward J. Schwartz US Courthouse is located at 221 West Broadway, San Diego, CA 92101.

An administrative agency, such as the California Civil Rights Department or the US Equal Employment Opportunity Commission, generally must process the harassment claim initially before it can be submitted in court, and each agency has its own specific requirements. Depending on where you are located and the details of your circumstances, addresses and agencies can vary. To verify critical information, including filing procedures and venue locations, be sure to ask your sexual harassment lawyer.

FAQs

Why Is Sexual Harassment Prevalent in the Hospitality Industry?

In California, sexual harassment is unfortunately prevalent in the hospitality industry for a number of reasons, including the nature of working closely with the public and the prioritization of the customer’s experience and satisfaction.

In many hospitality environments, including bars and restaurants, the consumption of alcohol is another reason for harassment in general, including sexual misconduct and inappropriate behavior. Whether the harassment is from a customer, coworker, or supervisor, it is unlawful, and you should not be subjected to it.

What Should I Do if I Experience Sexual Harassment at Work?

If you experience sexual harassment in your California workplace, you should report the issue according to your workplace’s internal procedures. Employers are responsible for promptly responding to claims of sexual harassment. Keep proof that your employer received the report, as well as other evidence of the harassment. If the problem isn’t resolved, you can file a complaint with an administrative agency and take legal action in court to recover damages.

What Are Examples of Sexual Harassment in the Workplace?

In California, examples of sexual harassment in the workplace include:

• Physical harassment. Unwanted touching, lewd gestures, and physical advances.
• Inappropriate verbal conduct. Sexual jokes, comments, suggestions, and conversations.
• Third-party behavior. Sexual advances from guests or customers.
• Quid pro quo. Management requesting sexual favors in exchange for providing job advancements, benefits, or to avoid negative consequences.
• Hostile work environment. Sexual harassment and unwelcome conduct create an offensive or intimidating work atmosphere, though not every uncomfortable moment meets the legal standard for a claim.

What Damages Can I Recover After Sexual Harassment in CA?

The damages you can recover after winning a sexual harassment claim in California can include economic and non-economic damages, with the specific amount depending on the severity of the misconduct. Economic damages include any medical bills, lost wages, or other quantifiable losses associated with the sexual harassment.

Non-economic damages include the employee’s physical pain, emotional distress, and psychological suffering. In some cases, the misconduct may be so egregious that punitive damages are deemed appropriate. To get an accurate estimate of potential recoverable damages, be sure to ask your employment law attorney.

Speak With a Skilled Employment Law Attorney

Those who work in restaurants, bars, and other hospitality jobs often think they need to put up with inappropriate behavior or that they don’t have the same rights as employees in office jobs. That is not the case. Take action early by consulting a legal professional after experiencing sexual harassment.

Reach out to the team at Jimenez Loayza, APC, today. We can schedule an initial consultation to go over the details of your situation, answer your questions, and guide you through the next steps.