Sexual Harassment Attorneys in Saratoga, CA

Quid pro quo harassment occurs when a supervisor conditions a job benefit, a hire, promotion, raise, or continued employment, on the employee's submission to sexual conduct. Hostile work environment harassment occurs when unwelcome sexual conduct is severe or pervasive enough to alter the conditions of employment and create an abusive working environment. The conduct can include comments, jokes, touching, or images. Unlike quid pro quo, hostile work environment harassment can be committed by coworkers, supervisors, or even non-employees. Both types are illegal under California's FEHA and federal Title VII.

You are not legally required to report harassment to HR before consulting an attorney or filing a complaint with a government agency. However, reporting to HR creates a record and may trigger your employer's legal obligation to investigate and stop the harassment. Importantly, you must file a complaint with the California Civil Rights Department (CRD) and obtain a right-to-sue notice before filing a civil lawsuit in California.

Yes. Under California law, employers can be held liable for sexual harassment by coworkers if the employer knew or should have known about the harassment and failed to take immediate and appropriate corrective action. Employers are also strictly liable for harassment by supervisors and managers. Harassment by a client, vendor, or customer can also give rise to a claim if the employer fails to protect you.

Your initial consultation with McLellan Law Group is confidential. Regarding the case itself, many sexual harassment settlements include confidentiality provisions, but California law restricts employers from requiring employees to keep harassment settlements secret in ways that prevent them from discussing factual information. We will explain exactly what confidentiality protections apply to your situation.

Yes. In California, employers are strictly liable for sexual harassment by supervisors. For harassment by coworkers, clients, or contractors, the employer is liable if it knew or should have known about the harassment and failed to take immediate and appropriate corrective action. Under FEHA, employers have a duty to take all reasonable steps to prevent harassment. If you reported the harassment to HR or management and the employer did nothing, or retaliated against you for reporting, the employer faces significant legal exposure.

Useful evidence in a California sexual harassment case includes text messages, emails, social media messages, voicemails, and any written communications from the harasser. Contemporaneous notes of incidents, dates, locations, what was said or done, and any witnesses, are also valuable. Keep copies of any HR complaints you submitted and the employer's responses. Witness testimony from coworkers who observed the conduct can corroborate your account. California courts recognize that harassment often occurs without witnesses, so a credible, detailed account from the victim can be sufficient to support a claim.

In California, you generally have three years from the last act of sexual harassment to file a complaint with the Civil Rights Department under FEHA. That window was extended from one year by AB 9, effective January 1, 2020. If you were also sexually assaulted, different deadlines may apply, including separate criminal limitations periods and California's Sexual Abuse and Cover Up Accountability Act, which revived certain adult sexual assault claims that would otherwise have been time barred. Because harassment usually involves a pattern of conduct rather than a single event, the FEHA deadline typically runs from the most recent act. Acting promptly still matters, because evidence and witness recollection degrade quickly.

Sometimes, and not in the way most people assume. California's discrimination protections generally apply to employers with five or more employees. Other protections, including those covering harassment and retaliation, can reach smaller employers, and the threshold is not the same for every kind of claim. If you work for a small company and you have been told that the law does not apply to your employer, that is worth checking rather than accepting. We will tell you in a free consultation whether your employer is covered for the specific claim you have.