What damages can you recover in a San Diego sexual harassment lawsuit? The short answer is that it depends on the situation. As a victim of workplace sexual harassment, you may be able to recover damages such as lost wages, pain and suffering, and in some cases, even punitive damages. Be sure to consult a San Diego sexual harassment attorney about what damages you may be able to recover in your unique circumstances.

Understanding San Diego Sexual Harassment Laws

It is against state and federal law for employees to experience sexual harassment in the workplace. Sexual harassment can include unwanted touching, flirting, sexual advances, comments about sexual acts, and slurs about your sex, gender identity, or sexual orientation. Quid pro quo sexual harassment occurs when a supervisor offers work benefits in exchange for sexual favors from an employee or threatens negative consequences if they do not comply.

Some of the damages you may be able to recover after facing sexual harassment include:

• Economic losses. Examples of economic damages include back pay, front pay, any therapy or medical bills related to the harassment, and more, though the calculation changes if you quit your job.
• Non-economic damages. These damages, also known as pain and suffering, are more difficult to quantify. Examples of non-economic losses include the employee’s anxiety, depression, humiliation, posttraumatic stress disorder, physical pain, psychological turmoil, and more.
• Punitive damages. If the offender, or your employer, acted with malice, oppression, or fraud, for example by ignoring a formal report, the court may award punitive damages to the victim to deter future misconduct and egregious acts.

Claims filed under the Fair Employment and Housing Act (FEHA) have no cap on compensatory or punitive damages.

Of the 4,072 employment complaints received by the California Civil Rights Department in 2023, 470 involved claims of sexual harassment. The agency also received 14,982 right-to-sue complaints from employees, 9,155 of which involved sexual harassment claims.

Hire a Sexual Harassment Lawyer in California

It’s a good idea to hire a sexual harassment lawyer because California employment law can be complex, especially for those who are not familiar with the various procedures and expectations involved. With a qualified attorney’s help, you can understand your rights and seek proper compensation for the mistreatment you have experienced.

At Jimenez Loayza, APC, we genuinely care about standing up for employees’ rights and holding the appropriate parties accountable, including them facing proper sexual harassment penalties. When you work with us, you can rely on a caring and understanding employment lawyer through every step of the process. We are here to help you navigate the process and make it less overwhelming and intimidating.

Where Are Sexual Harassment Cases Handled?

A sexual harassment case in San Diego is most likely to be handled by a state court if it involves a California law, such as the Fair Employment and Housing Act. The Central Courthouse within the San Diego County Superior Court system is located at 1100 Union Street, San Diego, CA 92101.

For a sexual harassment claim that instead involves a federal law, such as Title VII of the Civil Rights Act, the US District Court for the Southern District of California is more likely the venue that would handle it. The Edward J. Schwartz US Courthouse is located at 221 West Broadway, San Diego, CA 92101.

Before a claim can be submitted to court, it usually must be processed by an administrative agency first, such as the California Civil Rights Department or the US Equal Employment Opportunity Commission, and each agency has its own filing requirements. Depending on where the harassment took place and other critical case details, locations and agencies can vary. Be sure to verify with your employee rights lawyer any legal venues or agencies you should expect to interact with over the course of your case.

FAQs

How Do You Prove Sexual Harassment in California?

In California, sexual harassment is proven by showing that the conduct was unwelcome, based on the worker’s gender or sex, and that it either resulted in a tangible employment action or contributed to a hostile work environment.

To claim damages for sexual harassment, your legal team must prove the full extent of the damages as well as how they were the direct result of the offender’s harassment. Supporting evidence may include witness testimonies, emails, previous complaints, and more. In some cases, a supervisor might demand sexual favors in exchange for a promotion or to avoid being fired – this type of illegal behavior is called quid pro quo harassment.

How Much Is a Sexual Harassment Case Worth in CA?

It is difficult to say how much a sexual harassment case may be worth in California without reviewing the unique details of the case. Each case is different and includes a variety of factors that can influence the potential compensatory damages. If successful, a sexual harassment settlement depends on the degree of misconduct, what damages are claimed, and other critical case details. For an estimate of your case’s worth, be sure to ask your lawyer.

Is It Worth Filing a Sexual Harassment Claim in CA?

Yes, it is certainly worth filing a sexual harassment claim in the state of California. It is worth taking action against sexual harassment so you can hold the offending party responsible and prevent others from experiencing the same or worse harassment.

Employers are responsible for sexual harassment that occurs in the workplace and should be held liable. If you are unsure whether your situation qualifies as sexual harassment, you can ask an experienced employment law attorney.

How Long Does a Sexual Harassment Case Take in CA?

The amount of time it may take to settle a sexual harassment case in California can vary quite a bit depending on the situation. Many cases take a year or longer to fully resolve, but more straightforward or relatively simple cases may be resolved sooner. Factors that can influence the timeline of sexual harassment proceedings include whether the case goes to court, the evidence available, and other details.

Recover Damages With a Skilled Employee Lawyer

The team of qualified employee lawyers at Jimenez Loayza, APC, is well-equipped to help you through your sexual harassment case. We are here to offer insightful legal advice, high-quality service, and fierce representation. Reach out to us today to schedule a consultation with a dedicated and capable sexual harassment attorney.