Question

When Can I Sue for Workplace Sexual Harassment in California?

Todd M. Friedman - Consumer Law - Super Lawyers

Answered by: Todd M. Friedman

Law Offices of Todd M. Friedman, PC
Woodland Hills, CA
Phone: 424-278-9125
Fax: 866-633-0228

View Profile
Answer

First, it is important to note that time is of the essence. While there are several steps you should take to ensure your rights if you’ve been a victim of sexual harassment, they should be done quickly, as California law generally imposes a two-year limit on sexual harassment claims. 

What Does This Two-Year Limit Mean? 

For victims of sexual harassment, the California two-year statute of limitations on harassment claims means that you must file a claim within two years of the time of the harassment incident. If you don’t file within that time frame, you likely will lose your right to do so. 

What Should I Do if I Have Experienced Sexual Harassment? 

The first thing you should do is report your experience to your company’s human resources department or your direct supervisor. It is important that you report your experience in writing and make sure there is some record of your reporting. 

Once you have made your initial report, you should talk with any witnesses who may have seen or overheard any of the sexually explicit things you have experienced in the workplace. Try to get official acknowledgement from witnesses that they actually saw or heard what you experienced. Often a text or email asking a co-worker if he or she saw what happened, with an explanation of what happened and an affirmative reply will be enough to establish that person as a witness. 

Hopefully, once you have made a report and gotten witnesses on your side, your company will do something to alleviate the situation, and ideally you should be given some form of financial compensation for the injustices and indignities you have been made to suffer. 

It is important to call an attorney early on. At my law firm, I get calls frequently in which the callers aren’t quite sure whether they are experiencing harassment. They want to talk over the facts and get some general sense for what to do. 

I am happy to help them. Although I can’t give specific legal advice to someone who isn’t a client, I am happy to give some conceptual advice and help people understand their rights and options. 

The most important thing you have going for you is the current culture of intolerance for sexual harassment and abuse in the workplace. You do not need to tolerate this type of mistreatment. You have rights, but you have to move quickly. 

Learn more about workplace sexual harassment in my law firm's recent white paper on the topic, and get your claim started as soon as possible. Do not lose your chance to file a sexual harassment claim.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Todd M. Friedman

Debt

How Do I Know If A California Debt Collector is Breaking The Law?

In general, if you feel like a debt collector has taken an action that may be against the law, then it’s worth your time to check with a lawyer …

Answered by: Todd M. Friedman

Other Answers About Employment Law - Employee

Employment Law - Employee

Is my noncompete agreement enforceable in Ohio?

Everyone has the right to employment. The first thing to do to determine if a noncompete agreement is enforceable is to read it carefully and to …

Answered by: Robert J. Dubyak

Employment Law - Employee

When must my employer allow leave in New Jersey?

There are various circumstances which may compel employers in New Jersey to provide a leave of absence.  Under certain circumstances, employers …

Answered by: Adam J. Kleinfeldt

Employment Law - Employee

Are Georgia Employers Required To Pay Overtime?

Workers who go the extra mile for their employers should receive full compensation for the hours they work. This includes any overtime pay they are …

Answered by: Michael Caldwell

Disclaimer:

If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 1.0293500423431 sec