Trusted San Diego Same Sex Sexual Harassment Attorney
Same sex harassment in the workplace is just as serious and inappropriate as harassment or discrimination between workers of different genders. Every employee has the right to conduct their job without fear of mistreatment, harassment, or retaliation. Be sure to consult a qualified San Diego same sex sexual harassment lawyer to understand your legal options and rights as a California employee.
Understanding Same Sex Sexual Harassment Laws
State and federal laws prohibit employees from being harassed in the workplace, regardless of a worker’s sex or gender identity, whether or not the misconduct is motivated by sexual desire, and regardless of the person’s sexual orientation. Same sex harassment may come from a coworker, supervisor, or other party in your workplace. A skilled San Diego sexual harassment attorney can help you take legal action against your employer for:
- A hostile work environment. An employee may experience sexual harassment because the workplace is intimidating, including lewd or inappropriate conversations or comments being repeatedly allowed. A hostile work environment can, whether intentionally or not, interfere with the employee’s ability to perform their work tasks.
- Quid pro quo sexual harassment. This type of unlawful conduct entails a supervisor offering or requesting sexual favors in exchange for providing the employee with workplace advancements or benefits. Whether or not the worker complies, this is sexual harassment, and the employer is liable.
The California Civil Rights Department received 4,072 employment complaints in 2023. Of these claims, 470 involved sexual harassment, 204 involved the worker’s sexual orientation, and 1,351 involved the employee’s sex/gender.
Hire a Same Sex Sexual Harassment Lawyer in CA
You should hire a same sex sexual harassment lawyer so an experienced employment law professional can advocate for you. Regardless of your sexual orientation or gender identity, there can be a lot of shame and confusion when experiencing same sex harassment. It can also be intimidating and overwhelming to speak up for yourself and know what steps to take. By working with an attorney, you can receive insightful legal advice, guidance, and representation.
When you entrust your case to a San Diego same sex sexual harassment attorney at Jimenez Loayza, APC, you can feel confident that you are in capable hands. Our employment law attorneys believe in standing up for workers’ rights, including through proactive and aggressive representation. We have extensive practical experience counseling and advocating for clients who faced employment disputes, especially instances of discrimination and sexual harassment.
Where Is My Sexual Harassment Claim Handled?
A same sex sexual harassment case in San Diego is most likely to go through the San Diego County Superior Court system if it is filed under a California law, such as the Fair Employment and Housing Act (FEHA). The Central Courthouse is located at 1100 Union Street, San Diego, CA 92101.
If the sexual harassment claim is filed under a federal law, such as Title VII of the Civil Rights Act, it would most likely instead be processed by the US District Court for the Southern District of California. The Edward J. Schwartz US Courthouse is located at 221 West Broadway, San Diego, CA 92101.
Generally, a sexual harassment claim must first go through an administrative agency, such as the California Civil Rights Department or the US Equal Employment Opportunity Commission, before it can be filed in court. Depending on where the harassment took place and other details of your case, the legal venues or agencies you may encounter can vary. Be sure to confirm any important information with your employee law attorney.
FAQs
What Is Considered Same Sex Sexual Harassment in California?
In California, same sex sexual harassment is when an individual is harassed by someone of the same sex. Some people may think that sexual harassment only occurs between men and women or people of a different gender identity.
However, this is not the case. Sexual harassment between employees of the same sex is just as serious as harassment between workers of a different sex. Sexual harassment can include a hostile work environment or quid pro quo sexual harassment.
What Should I Do if I Experience Same Sex Sexual Harassment?
In California, if you experience same sex sexual harassment, you should promptly report the issue to a supervisor or Human Resources. Be sure to follow your job’s internal procedures for reporting harassment and keep a record of the report. If your employer fails to resolve the issue, you can then file a complaint with an administrative agency. You may also wish to take legal action by submitting a sexual harassment claim with a state or federal court.
Is Sexual Orientation a Protected Class in California?
Yes, an employee’s sexual orientation is a protected class in the state of California. According to the state’s Fair Employment and Housing Act, it is unlawful for an employee to be discriminated against or harassed based on their real or perceived sexual orientation.
This includes employees who are gay, lesbian, bisexual, heterosexual, or any other orientation. It is also illegal for a worker to be harassed or discriminated against due to their real or perceived sex or gender identity.
Do I Need a Same Sex Sexual Harassment Lawyer in CA?
While you are not legally required to hire a same sex sexual harassment lawyer in California, it is highly recommended that you do to improve your chances of a successful outcome. An experienced employment law attorney understands how to guide workers through the appropriate process for their circumstances. Your lawyer can help you understand your rights, advocate for you in legal settings, and help you navigate the overall process.
Same Sex Sexual Harassment Lawyer in San Diego
The professional employment attorneys at Jimenez Loayza, APC, are ready to advocate for your rights. We understand how scary it can be to speak out against sexual harassment. Regardless of your harasser’s gender, we are prepared to guide you through the proper legal procedures. Contact our team today to schedule an initial meeting with a capable and understanding same sex sexual harassment attorney.
ES