How to File a Sexual Harassment Lawsuit in California

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Posted by Legal Team On June 30, 2023

Sexual harassment has no place in a work environment. It is an illegal practice using discrimination, targeting an individual through inappropriate comments, touches, gestures, or pressures that may feel hostile, intimidating, offensive, and sexual in nature.

If you are experiencing sexual harassment at work, your employer is responsible for employee safety by responding to complaints and providing a work environment free of harassment. If you need help filing a sexual harassment lawsuit in California, The Armstrong Law Firm is ready to work with you to seek fair compensation and justice to prevent sexual harassment at work. Employee rights are our focus, and we will ensure trusted support in a sexual harassment lawsuit.

Steps for Filing a Sexual Harassment Lawsuit

You may have tried informal actions or even followed company grievance policy procedures as a solution to the harassment you are experiencing. Employers are required by law to implement measures to prevent sexual harassment. Both federal and state laws prohibit it.

The importance of reporting and filing the incident with your employer is that a court will see proof of your prevention measures before proceeding with a lawsuit.

File a FEHA Sexual Harassment Claim 

California has some of the most stringent protections to safeguard employees from sexual harassment, prohibiting sexual harassment in public and private companies. When you file a Fair Employment and Housing Act (FEHA) complaint, the Civil Rights Department (CRD) will determine if they can enforce laws that apply to the violation, and if they do, will investigate your case. 

CRD will then work to resolve any complaint through mediation before pursuing a lawsuit. After you file a FEHA complaint, you may still ask for a Right-to-Sue notice at any time. The complaint you file with CRD will also be cross-filed automatically with the Federal Equal Employment Opportunity Commission (EEOC).

If an employee does not want to file a FEHA complaint, they can bypass this option and immediately obtain a Right-to-Sue notice from the Department of Fair Employment and Housing (DFEH). By doing this, the employee forfeits their right to have CRD investigate their claim, mediate the complaint, and take possible legal action. Federal employees have filing procedures under federal law.

File a Lawsuit

Once you are issued a Right-to-Sue notice, you will benefit from working with a San Fransisco sexual harassment attorney experienced in representing unlawful employment practices. The attorney will work closely with you to document the harassing behavior and file a civil lawsuit against the offender and possibly your employer if no action was taken to prevent the harassment. Seeking the guidance of a sexual harassment attorney as soon as you begin to experience inappropriate behavior can help you navigate a stressful work environment.

You can provide valuable documentation that will support your claim. What actions can you take to advocate for yourself?

  • Document the inappropriate behavior, noting dates, times, and the offensive act.
  • Speak with co-workers witnessing the behavior and ask if they would be willing to give a statement.
  • Speak directly with human resources about the incident. Ask for a copy of any documentation filed with them.
  • Follow workplace reporting procedures to ensure the appropriate steps have been taken, allowing your employer to act and stop the harassment.
  • Keep copies of documentation submitted to DFEH or EEOC.

Let Us Offer Support in a California Sexual Harassment Lawsuit

No one understands the toll that sexual harassment takes better than the San Fransico-based team at The Armstrong Law Firm. Years of walking with clients and providing unwavering support throughout a claim have proven the importance of our work and commitment. Reach out and let us commit to your fight today.