Honest San Diego Third-Party Sexual Harassment Attorney
Dealing with harassment in the workplace can cause significant stress that impacts a person’s well-being. It could impact their professional trajectory, especially if they take action to hold their boss or coworker accountable for wrongdoing. There are also legal options for when the harassment comes from someone outside the company, like a customer, vendor, or contractor. California workers can turn to a San Diego third-party sexual harassment lawyer for clarity.
Your search for legal support doesn’t have to go any further than Jimenez Loayza, APC. Our legal team has been advocating for workers in Southern California and contributing to changing public policy for the better for years. A San Diego sexual harassment attorney from our firm can help you reclaim a safe work environment and have liable parties take responsibility for their misconduct.
The Reality of Workplace Harassment and Liability
National data provide important insight into the prevalence and impact of sexual violence in the United States. Data collected by the Centers for Disease Control and Prevention through a survey conducted on sexual violence revealed the following:
- 30.4% of women responded that they’d endured verbal sexual harassment in the workplace
- 3.6% of women suffered verbal sexual harassment in the workplace in the 12 months before they responded to the survey
- 11.3% of men encountered verbal sexual harassment in the workplace
- 2.8% of men sustained sexual harassment in the workplace in the 12 months before responding to the survey
While harassment in general and in the workplace remains a prevalent issue, data shows that there are significant gaps in reporting it. Even in cases where harassment gets reported, consider these outcomes of 8,475 sexual harassment charges reported to the U.S. Equal Employment Opportunity Commission in Fiscal Year 2025:
- 48.2% of charges ended with a no reasonable cause determination, meaning the EEOC decided not to investigate the claims further.
- 26.5% of charges ended with administrative closures, for reasons like filing too late or not having a valid employment connection, rather than because of the actual issue.
- 2.8% of charges ended in unsuccessful conciliations, meaning the case was closed because a voluntary agreement couldn’t be reached, even though the investigation found evidence of wrongdoing.
Only 1.3% of charges ended with a successful conciliation determination. This could mean investigators found evidence of wrongdoing and both sides reached a voluntary agreement.
What Is Third-Party Sexual Harassment?
Third-party sexual harassment is when someone who doesn’t work at your company harasses you while you’re on the job. This includes individuals such as customers, delivery drivers, visiting professionals, and contractors. It happens most often to restaurant and hotel workers, since serving the public every shift puts them face to face with the people doing the harassing.
Third-party sexual harassment laws follow the state’s general sexual harassment laws. Under the California Fair Employment and Housing Act, employers are responsible for addressing harassment by non-employees. This is if they knew or should’ve known about the conduct, but didn’t take immediate and appropriate corrective action. Common examples of harassing behavior include:
- Clients making repeated inappropriate sexual comments during business meetings
- Vendors engaging in sexually suggestive remarks while delivering goods
- Customers targeting employees with lewd jokes or offensive language
- Contractors making unwanted physical advances or contact
Employers frequently argue they lack direct control over these individuals. But this argument carries limited weight in court since California law requires reasonable action when problems arise. Appropriate responses could be anything from reassigning work or banning a customer to ending a business relationship with an abusive vendor. When a complaint reaches HR and nothing changes, that silence tends to work against the employer rather than the worker.
Hire a Third-Party Sexual Harassment Lawyer
When an employer fails to stop harassment from a third party, you have options. Many victims hesitate to take action due to fear of retaliation, yet retaliation remains illegal under state and federal law.
You have the right to pursue a third-party sexual harassment case and hire a third-party sexual harassment lawyer. A dedicated attorney assists in evaluating the strength of your case, securing evidence, and pursuing appropriate compensation for damages such as lost wages and emotional distress.
About Jimenez Loayza, APC
Our firm operates with a deep commitment to protecting the rights of California workers. We focus exclusively on employment law, providing advocacy for those facing discrimination, harassment, and retaliation.
Jimenez Loayza, APC brings years of courtroom experience to every case and is focused on you from the moment we take your case. We’re dedicated to showing a jury in the San Diego County Superior Court on Union Street, or in any courthouse, that you deserve better than the treatment you received at work, and that all people should be treated with dignity.
FAQs
Is It Worth It to File a Claim for Harassment in San Diego?
It is worth it to file a claim for harassment in San Diego, not just for potential financial recovery but also for contributing to forcing systemic change to happen within an organization. Settlements often include compensation for emotional distress and lost wages, and they serve to discourage future misconduct by employers.
How Much Money Can I Get for Filing a Claim for Harassment in San Diego?
How much money you get for filing a claim for harassment in San Diego depends on various factors, like how severe the harassment was, the financial impact on your career, and the degree of the employer’s negligence. Damages typically cover lost earnings, future projected income, pain and suffering, and in cases of malice, punitive damages.
Can I Be Fired for Reporting Third-Party Harassment in California?
You can’t be fired for reporting third-party harassment in California, and the law prohibits employers from retaliating in such a way against employees who report misconduct in good faith. If your employer fires you, reduces your hours, or demotes you because you complained about a client or vendor’s behavior, you may have grounds for a separate retaliation claim.
How Can You Successfully Prove Third-Party Sexual Harassment?
To successfully prove third-party sexual harassment, you have to show that you experienced harassment by a non-employee, that your employer knew or should have known about it, and that the employer failed to take immediate corrective action. Compiling emails, witness statements, and documentation of management’s inaction provides the necessary foundation for a claim.
Reclaim Your Rights with a Consultation Today
Harassment doesn’t belong in the workplace, regardless of the source, and you don’t have to accept an abusive environment or fear for your job security. If you’re ready to explore your options or need legal guidance, reach out to Jimenez Loayza, APC today to schedule a consultation. We stand ready to advocate for your safety and your rights.
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