Sexual Harassment Lawyer in Fontana Assisting Clients with Claims in the Workplace

When you apply for a job or head into your office in the morning, you should not be subjected to sexual harassment. Employers have a duty to take steps to prevent sexual harassment and to correct it promptly when it occurs. Sexual harassment is extremely harmful, and individuals in the workplace who have been victims of sexual harassment should know that they have options to move forward with a claim.

It's crucial to recognize that sexual harassment affects the mental, emotional, and physical health of victims. This type of workplace misconduct can lead to a hostile working environment, affecting an individual’s productivity and career growth. Victims often feel isolated and intimidated, which underscores the importance of having a legal ally like Valiant Law, a trusted sexual harassment attorney in Fontana, to guide them through the legal process and advocate for their rights.

Sexual harassment in the workplace is prohibited under both federal and California state law. Whether you are an employer or an employee, it is important to understand the rights and responsibilities you have under the law. Speaking with a California sexual harassment attorney can provide guidance and support.

Types of Harassment Claims We Handle in Fontana

We handle many different kinds of harassment claims, including:

• Sexual harassment
• Other unlawful harassment

Laws Prohibiting Sexual Harassment at California Workplaces

As we mentioned above, there are both federal and state laws that prohibit sexual harassment in the workplace, including the following:

• Title VII of the Civil Rights Act of 1964 (federal law that applies to employers with 15 or more employees); and
• Fair Employment and Housing Act, or FEHA (California state law that applies to all employers regardless of the number of employees).

Title VII provides a federal baseline for employer responsibilities, mandating them to maintain a safe and harassment-free work environment. Meanwhile, FEHA extends protection to a wider range of employees by its application to all employers in California, regardless of size. These laws not only focus on rectifying claims of harassment but also on prevention by requiring regular training and clear communication policies.

What Is Sexual Harassment in California?

The U.S. Equal Employment Opportunity Commission (EEOC) clarifies that sexual harassment is a form of sex discrimination. According to the California Department of Fair Employment and Housing, the following types of behaviors may constitute sexual harassment in the workplace:

• Unwanted sexual advances
• Offering employment benefits in exchange for sexual favors
• Leering
• Sexual gestures
• Displaying sexually suggestive objects, pictures, cartoons, or posters
• Making derogatory comments, epithets, slurs, or jokes
• Making graphic comments
• Using sexually degrading words
• Leaving suggestive or obscene messages or invitations
• Physical touching or assault
• Impeding or blocking movements

Beyond these overt actions, sexual harassment also encompasses more subtle injustices, such as persistently inappropriate comments and creating an environment that feels unsafe and unsupportive. Consulting with a sexual harassment lawyer in Fontana can provide insight into navigating these complex situations.

Sexual harassment can take many forms, and it is important to speak with an experienced California sexual harassment attorney if you have questions or concerns.

Employer Duties to Prevent Sexual Harassment Complaints

The EEOC underscores that “prevention is the best tool to eliminate sexual harassment in the workplace.” As such, the federal agency encourages employers to “take steps necessary to prevent sexual harassment from occurring.” California law has more specific requirements for employers when it comes to preventing and correcting sexual harassment in the workplace. 

Under California law, employers must do the following:

• Distribute copies of a writing that complies with Government Code 12950, which outlines employer responsibilities with regard to sexual harassment prevention and correction;
• Post a copy of the DFEH employment poster in the workplace, “California Law Prohibits Workplace Discrimination and Harassment”;
• Develop a specific workplace prevention policy concerning harassment, discrimination, and retaliation;
• Distribute the workplace policy by providing employees with the policy and requiring employee acknowledgment (in writing or otherwise);
• Translate the policy if at least 10 percent of the workforce speaks a language other than English as their primary language; and
• Provide two hours or more of sexual harassment training every two years if the employer has 50 or more employees (part-time or full-time).

By implementing these measures, employers don't just comply with legal standards but also foster a culture of respect and safety. Emphasizing prevention helps minimize risk and demonstrates an organizational commitment to upholding employee rights, thereby enhancing workplace morale and productivity.

How Fontana's Demographics Impact Workplace Harassment Policies

Fontana's diverse population necessitates nuanced workplace harassment policies that cater to various cultural backgrounds. Employers are encouraged to recognize and respect this diversity by implementing inclusive training sessions that address specific cultural sensitivities related to harassment. This approach not only aids in compliance with legal requirements but also demonstrates an organization’s commitment to fostering a respectful and inclusive workplace environment.

Workplaces in Fontana can benefit from policies that ensure all employees, regardless of their background, understand the company's stance on harassment and the procedures in place for addressing complaints. Such policies should be communicated clearly in multiple languages prevalent in the area, like Spanish and others, to ensure comprehensive understanding and accessibility.

Strategies for a Safer Workplace in Fontana

Employers in Fontana are increasingly adopting proactive strategies to combat sexual harassment. Beyond mandatory training, many opt to develop mentorship programs where senior employees guide others, promoting a culture of respect and accountability. Regular workshops and open forums also provide platforms where employees can discuss concerns and experiences in a safe, confidential setting, thereby enhancing mutual understanding and deterrence against harassment.

Additionally, having anonymous reporting systems in place is vital. These systems empower victims and bystanders to report incidents without fear of retaliation, ensuring problems are addressed promptly. Employers demonstrating commitment to transparency and consistent handling of complaints can significantly reduce instances of sexual harassment and improve overall workplace morale.

Frequently Asked Questions About Sexual Harassment

How Can I Prove Sexual Harassment at Work?

To prove sexual harassment, it is important to gather evidence that supports your claims. This can include emails, text messages, or any written communication that contains inappropriate or harassing content. Keeping a detailed record of incidents, including dates, times, locations, and any witnesses, can also be instrumental in building a strong claim. Additionally, seeking testimony from coworkers who might have witnessed the harassment can provide further support. Engaging with a knowledgeable sexual harassment attorney in Fontana at Valiant Law can help you navigate the process and ensure you take the appropriate steps to substantiate your claims.

What Should I Do If I Experience Sexual Harassment?

If you experience sexual harassment, it is crucial to take immediate action. Start by documenting the harassment in as much detail as possible and report the incidents to your supervisor or human resources department according to your company's policy. If internal reporting does not resolve the issue, contacting a legal expert to discuss your options is advisable. Valiant Law, a trusted sexual harassment lawyer in Fontana, offers confidential consultations to help you understand your rights and the possible courses of action.

Is My Employer Required to Prevent Sexual Harassment?

Yes, employers are legally obliged to take reasonable steps to prevent and address sexual harassment in the workplace. This includes implementing clear policies, conducting regular anti-harassment training, and providing channels for employees to report incidents safely. Failure to do so can result in legal consequences for the employer, further underscoring the importance of proactive measures and compliance with both federal and state laws.

Can I File a Harassment Claim Anonymously?

While you may report harassment anonymously within your company's internal system, filing a legal claim anonymously in the state of California is not typically possible as due process involves disclosing the identity of the complainant. However, an attorney can offer guidance on maintaining confidentiality to the greatest extent permitted by law and help protect your rights throughout the process.

What Are the Potential Outcomes of Filing a Harassment Claim?

The outcomes vary depending on the specifics of the harassment claim. Successful claims can lead to remedies such as compensation for damages, changes in workplace policy, disciplinary actions against the harasser, or other corrective measures implemented by the employer. Working with a skilled attorney at Valiant Law, a sexual harassment law firm in Fontana, ensures that you are seeking a fair resolution and that your interests are effectively represented.

Contact a Sexual Harassment Lawyer to Discuss Your Claim

If you are an employer who needs assistance conducting a proper sexual harassment investigation and mitigating liability, or an employee who has faced sexual harassment at work and needs more information about filing a claim, you should reach out to a California employment discrimination attorney. 

Don't wait to get help with your case. Contact Valiant Law today.