Workplace Harassment Attorney in Fontana

Fight for Your Right to Fair Treatment with Our Workplace & Sexual Harassment Attorneys

Workplace harassment can make it difficult for employees to perform their duties and can expose employers to liability. No one should have to endure harassment at work. Whether you are an employer dealing with a harassment complaint or an employee experiencing workplace harassment, it's crucial to understand the prohibitions against harassment as well as the rights and responsibilities of both parties. A workplace harassment lawyer in Fontana can provide you with essential information.

Were you subjected to harassment at your workplace? Speak with experienced workplace harassment attorneys in California at Valiant Law. Contact us online or dial (909) 254-5771. We serve employees throughout California and New York. 

What Is Harassment in California?

California employees and employers may face issues of harassment in the workplace that invoke both state and federal law. The U.S. Equal Employment Opportunity Commission (EEOC) defines harassment as “unwelcome conduct based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.” Similar to federal law, California law also defines harassment as a form of discrimination. California law goes further by prohibiting discrimination based on sexual orientation.

Employees may feel harassed due to bullying and other unwelcome conduct. However, it's important to distinguish between conduct that rises to the level of unlawful harassment and conduct that includes “petty slights, annoyances, and isolated incidents.” To be considered unlawful, harassment must create a work environment that would be intimidating, hostile, or offensive to reasonable people, as clarified by the EEOC. Understanding what constitutes workplace harassment can better prepare individuals to recognize it and seek appropriate legal guidance.

Types of Offensive Conduct That Rise to Unlawful Harassment

What types of unwanted conduct constitute unlawful conduct in the workplace? While each case is unique, and it's advisable to consult a workplace harassment lawyer in Fontana to determine the merits of a claim, the following are examples of offensive conduct that could be grounds for a successful harassment claim:

• Offensive jokes;
• Slurs;
• Epithets;
• Name-calling;
• Physical assault;
• Threats;
• Intimidation;
• Ridicule;
• Insults; and
• Offensive objects or pictures.

Harassment can arise from offensive conduct by various individuals in a workplace, including:

• Boss or supervisor;
• Co-worker;
• Employee in another area of the business;
• Agent of the employer; and
• Non-employees, such as customers.

Understanding the specific types of conduct that qualify as harassment helps individuals identify when a situation is serious enough to warrant legal action. This awareness can empower employees to document and report incidents, ensuring they're addressed promptly and effectively.

Who Can File a California Harassment Claim, & Where Do I File It?

Harassment complaints don't always have to be filed by the person being harassed. Under federal law, the following individuals can file a complaint:

• Person being harassed; and/or
• Anyone else affected by the offensive conduct.

Depending on the specifics of your case, you may have the option to file a claim in state or federal court. Generally, California law is more favorable to employees than federal law, providing greater protections. Therefore, it may be advantageous for employees to file a claim through the California Department of Fair Employment and Housing.

When filing a harassment claim, it's crucial to gather detailed documentation of the incidents, including dates, times, and any witnesses. This information can significantly strengthen your case, providing clear evidence of the harassment that occurred. Consulting with a workplace harassment attorney in Fontana can further guide you through the process, ensuring that your claim is filed correctly and in a timely manner.

When Is an Employer Liable for Harassment?

Employers should take proactive steps to prevent harassment in the workplace and address it promptly when it occurs. This includes creating clear workplace policies on harassment and establishing a process for filing harassment complaints, while ensuring that employee complaints are handled promptly and seriously.

Under certain circumstances, an employer may be liable for workplace harassment, especially if a supervisor is involved in the unlawful conduct. 

To avoid liability, employers need to demonstrate the following:

• Took steps to prevent harassment;
• Promptly corrected the harassing behavior; and
• Employee unreasonably failed to take advantage of the employer's preventive or corrective opportunities.

Employers who effectively address harassment not only reduce their legal liability but also foster a safer, more inclusive workplace. Disciplinary actions against offenders, coupled with support for victims, play a significant role in minimizing harassment's impact and preventing recurrence. Proactive measures, such as regular training and open communication channels, further solidify a company's commitment to maintaining a harassment-free environment.

Contact a California Employment Law Attorney

Workplace harassment presents a significant issue, potentially harming your professional and personal life. At Valiant Law, our attorneys focus on California workplace harassment and are dedicated to advocating for employees' rights to fair treatment on the job. With extensive knowledge of California's harassment statutes, we are well-prepared to tackle the challenges a case may present. We are committed to ensuring your rights are upheld.

Our attorneys can assist with navigating the legal process while providing counsel on how to proceed when facing workplace harassment. Whether you have encountered sexual harassment, discrimination, or other types of unacceptable conduct, we are here to support and advocate for your best interests.

Don't suffer in silence. Contact our California employment law attorneys today to discuss your situation and explore your options for seeking justice. We serve clients in San Bernardino County, Los Angeles County, Riverside County, Orange County, San Diego County, and surrounding areas.

If you have questions about workplace harassment, a workplace harassment attorney in Fontana can assist you. Contact Valiant Law for more information.