Trusted San Diego Independent Contractor Sexual Harassment Attorney
If you are experiencing sexual harassment during your workday, you have rights and legal options for protecting yourself and holding the perpetrators accountable for their actions. This is true even if you’re not a full-time employee. A San Diego independent contractor sexual harassment lawyer from Jimenez Loayza, APC, can help with your case.
Sexual Harassment Against Independent Contractors in San Diego
Sexual harassment in the workplace violates the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA). It’s a type of sex discrimination pertaining to unwelcome sexual advances, as well as other types of comments and conduct, that create intimidating, hostile, or offensive work environments. If you’re unclear about whether your situation applies, a San Diego County sexual harassment lawyer can assist you.
An offender’s actions do not have to be motivated by sexual desire to be considered sexual harassment under California law. Any illegal actions based on an employee’s actual or perceived sex or gender identity, sexual orientation, pregnancy, childbirth, or related medical conditions may be considered sexual harassment.
Despite California’s strict workplace discrimination and harassment laws, these incidents have continued to persist over the last two decades and beyond. A study done in 2024 that surveyed over 3,300 adults in the United States reported that 82% of women had experienced some form of sexual harassment, as well as 24% of men. In the same year, 37% of women reported experiencing sexual harassment in their workplaces.
If independent contractor sexual harassment cases go to court, you can expect to handle matters through the San Diego County Superior Court or the U.S District Court for the Southern District of California for federal claims. However, you must exhaust all administrative options before resorting to litigation. You typically have three years from the date of the last incident of harassment to file a claim with the CRD.
Regardless of what stage of the process you’re in, you should hire an independent contractor sexual harassment lawyer who can guide you through each step and offer support during this difficult and stressful experience.
How a San Diego Independent Contractor Sexual Harassment Attorney Can Help You
Jimenez Loayza, APC, brings years of experience rooted in California employment law. Our firm is native to the Central Valley, so we’re used to representing California employees. We limit the number of cases we take on at a time in order to focus on each client that walks through our door.
Over the years, we’ve earned a great reputation amongst our clients and peers alike. We’ve earned the Pro Bono Publico Award from Casa Cornelia Law Center for pro bono work and the Rising Star Award from the Consumer Attorneys of San Diego. Moreover, both attorneys at our firm have been selected as “Rising Stars” in employment litigation by Super Lawyers®. This is an honor only awarded to the top 2.5 percent of attorneys in the State of California.
Our team is also affiliated with the following:
- California Employment Lawyers Association
- Consumer Attorneys of San Diego
- Doors of Change
- Lawyers Club of San Diego
- Louis M. Welsh American Inn of Court
- San Diego La Raza Lawyers Association
- San Diego La Raza Lawyers Association Scholarship Fund
- San Diego La Raza Lawyers Association Public Benefit Fund*
FAQs
What Types of Sexual Harassment Are Recognized Under California Law?
There are two types of sexual harassment recognized under California law. Quid pro quo sexual harassment refers to situations where one party makes sexual advances a condition of a job, promotion, or other work-related benefit.
Hostile work environment sexual harassment arises when offensive sexual comments or conduct unreasonably impacts an employee’s work performance or creates an intimidating or unwelcoming work environment. You can experience harassment even if the conduct isn’t directed at you.
Are There Sexual Harassment Prevention Training Requirements for Independent Contractors in San Diego?
There are no sexual harassment prevention training requirements for independent contractors in San Diego. That said, you can still take legal action against a contractor for sexual harassment in the workplace and hold them accountable for their actions.
California employers must provide sexual harassment training to employees if they have five or more people working for them. It’s important to note that even though contractors don’t need the training themselves, they do count toward a business’s total headcount.
How Do I File a Sexual Harassment Claim as an Independent Contractor in San Diego?
To file a sexual harassment claim as an independent contractor in San Diego, you must first file a complaint with the CRD or the Equal Employment Opportunity Commission (EEOC). The CRD evaluates the complaint and decides whether to investigate further.
After an independent investigation, the CRD may attempt to resolve the dispute or pursue further legal action. Your specific rights and legal options may vary based on your specific contract with the other party.
What Remedies Are Available in Independent Contractor Sexual Harassment Cases in San Diego?
What remedies are available in independent contractor sexual harassment cases in San Diego can vary depending on the situation. Potential remedies in a discrimination case in California may include compensatory damages for emotional distress, legal fees, lost income, future job opportunities, medical expenses, pain, suffering, and punitive damages.
Other possible outcomes in a California independent contractor sexual harassment case can include an injunction prohibiting the unlawful practice, policy changes, and reasonable accommodations.
Hire a San Diego County Sexual Harassment Lawyer to Get Started on Your Case
At Jimenez Loayza, APC, we believe everyone deserves to feel safe on the job regardless of whether they’re a full-time employee or a temporary contractor. If you’re facing a sexual harassment case as an independent contractor, you can count on our local San Diego employment lawyers to represent you through every part of the claims process.
If you’re ready to learn more about how to resolve a sexual harassment incident in the workplace, come talk to us at our office right here in San Diego County. We’re close to I-5, I-8, and I-805, making us a convenient stop for our clients in San Diego and beyond. Contact the office to schedule a consultation with a lawyer you can trust today.
*Industry awards and accolades do not guarantee positive results for your case. Every case is different.
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