California law protects survivors of sexual abuse, to help them cope with, and try to heal, from the trauma they have suffered. These memories can be buried for years until an event triggers their return.
A survivor of sexual abuse has up to ten years in which to file a claim, or within 3 years of the reasonable discovery of injuries stemming from that claim. In January 2020, California law was amended to provide adult survivors of childhood sexual abuse the ability to file a claim by the age of 40, or within five years of the discovery of the abuse, whichever is later. Additionally, for those claims previously blocked by the statute of limitations, the amendment provided a three-year opportunity to revive them.
For workplace claims of sexual harassment, the time period in which to file a claim has been extended to three years from the time of the last incident. Unless the claim is resolved informally, a victim of workplace sexual harassment generally must file a claim with the California Department of Fair Employment and Housing to acquire a right to sue letter and file a lawsuit in civil court.
Civil laws protect workers from unwelcomed sexual advances in the workplace, or even off-site if connected to your employment. Other laws protect individuals from unwanted sexual advances and touching, no matter where they may take place: at home, at work, at school, on public transportation, in a restaurant or bar, or even walking down the street.
If you believe that you are a survivor of sexual abuse or sexual harassment, as either an adult or as a child in California, call us today to arrange for a confidential, free consultation with the Law Office of Scott R. Herndon. We will evaluate your claim and advise you as to your options in a compassionate, courteous, and timely manner.
Recently, with the advent of social media, a sexual crime involving adults and children is sexual bullying. This is harassment of a child based on the child’s sexual orientation, gender, body parts, or appearance. Most, although certainly not all, sexual bullying, can occur online, where information can be spread and its impact compounded quickly. Sexual bullying of an adult is categorized as sexual harassment.
Sexual bullying of children takes a variety of forms:
In addition to the possibility of filing a criminal complaint with the local district attorney, California law permits civil suits for damages caused by sexual abuse, assault, or harassment. A successful plaintiff can recover medical expenses; lost wages or lost future earnings; pain and suffering which includes mental and emotional trauma; and collateral damages. Whereas criminal prosecution results in punishing the perpetrator, civil suits permit for recovery of damages to compensate survivors for their pain and suffering and therapy.
The best way to fully protect your rights is to consult with a knowledgeable and skilled attorney. Scott R. Herndon is a plaintiff’s lawyer. He has years of experience as a practicing attorney as writer and former teacher at Stanford University. Our office takes pride in being compassionate advocates who understand how to analyze your claims. We will review your circumstances in a free consultation and realistically evaluate your claim. Whether we help negotiate a settlement, file a claim to preserve your right to sue for sexual harassment in the workplace, or bring a suit for damages resulting from sexual misconduct, you will be fully apprised of all of your options so that you can decide how you want to proceed. Because our clients matter.
Both California and federal laws protect workers from unwelcomed sexual advances in the workplace, or even off-site if the abhorrent behavior is connected to their employment. Unwelcomed sexual advances can include unconsented touching or threat of touching, requests for sexual favors, verbal assault or sexual innuendo, or even offensive sexual comments in some contexts. Sexual harassment can come from a peer or a supervisor, or even a client or vendor. All employees should be free from harassment at work, capable of reaching their full potential, and entitled to a work environment that is safe and thriving.
If you believe that you have been the victim of sexual harassment in California, call today to arrange for a free consultation with the Law Office of Scott R. Herndon. We will evaluate your claim and advise you as to your options in a compassionate, courteous, and timely manner.
Workplace sexual harassment can take many forms and can be directed at you personally or be founded in a hostile work environment.
Many sexual harassment claims go unchallenged because it takes courage and determination to bring a charge. An employee needs a good support system, including a sympathetic and effective sexual assault lawyer in California.
Although an employer may not retaliate against an employee for filing a claim, oftentimes workplace relationships change in the wake of making such a charge. The psychology of objectification can turn into self-blame, rationalization, and denial. Consequently, California recently amended its statute of limitations for sexual harassment claims from one year to three years, effective January 1, 2020. Although it is currently unclear whether the elongation of the statute of limitations to three years can be applied retroactively, any claim for harassment occurring after January 1, 2020, must be initiated within a three-year time span, and it is best to contact an attorney immediately if you have questions about how to protect your rights.
While many sexual harassment issues can be handled effectively by a seasoned lawyer through informal means, a formal claim begins with a complaint to the California Department of Fair Employment and Housing or with the federal Equal Employment Opportunity Commission. The agency can pursue the claim on your behalf or issue a right to sue letter, a requirement in order to file a lawsuit to litigate the claim in either California or federal court. Once the right to sue letter is issued, an employee has one year to file a lawsuit.
Some of our most effective results come from negotiations with an employer before a complaint is filed administratively. Swift action to cure workplace harassment and reinstate workplace harmony is in the best interests of the employer and employee. However, when an agreement cannot be reached, once a right to sue letter is issued, you may file a lawsuit to pursue all the remedies allowed under the law.
How do I file a claim against my employer for sexual harassment?
The first thing you should do is consult with a skilled and experienced sexual harassment attorney to have your claim assessed and to explain how to proceed. Many employers have employee handbooks that lay out the internal procedures to notify the employer about harassment at the workplace. Your ability to file a claim with a government agency and to file a lawsuit is somewhat dependent on using the internal structure first, with limited exceptions. You must allow your employer to correct the situation. Upon lodging a complaint, your employer may not retaliate against you.
If internal procedures do not remedy the situation, then you can file a complaint with the California Department of Fair Employment and Housing or with the federal Equal Employment Opportunity Commission. These complaints are automatically cross-filed so that you do not close off any options early in the process. The agency will investigate your claim to determine whether it will pursue it on your behalf. If it declines, the agency will issue a right to sue letter, which allows you to file a lawsuit in either California or federal court. That decision as to which court is best explained by your attorney.
How do we prove sexual harassment in the workplace?
The conduct need not be sexual in nature, but it needs to be directed at you because of your sex or sexual orientation. The conduct must be unwelcomed and unconsented as well as severe or pervasive. Although a severe isolated incident might be actionable, most sexual harassment is cumulative. The conduct must be objectively, and subjectively, offensive. That doesn’t mean that the actor had to intend to be offensive, but that a reasonable person, under those circumstances, would find the conduct offensive. And lastly, the conduct must have caused damage: economic loss, for missing work; emotional or physical distress.
When facing sexual harassment in the workplace, we understand how important supportive and compassionate legal services are to your well-being in the pursuit of justice. This isn’t an easy claim to bring. Here is where experience and a dedication to your dignity and humanity make a difference in legal representation.
The only way to fully protect your rights is to consult with a knowledgeable and skilled Bay Area harassment attorney. Scott R. Herndon is a plaintiff’s lawyer. He has years of experience as a practicing attorney and as a law professor with expertise in negotiations, administrative law, as well as litigation.
At the Law Office of Scott R. Herndon, you will find compassionate advocates who understand how it feels to be wronged. We will review your circumstances in a free consultation and realistically evaluate your claim. Whether we help negotiate a safe work environment with your employer, file a claim with the EEOC or California agencies, or bring a suit for damages, you will be fully apprised of all your options so that you can decide how you want to proceed. Contact a California sexual assault lawyer today at (415) 360-5477.
