San Diego Workplace Harassment Lawyers
Helping Victims Take Legal Action Against Their Employers
Workplace harassment can create an uncomfortable environment that makes it difficult for you to do your job effectively and creates undue stress and hardship. If you are subject to unwelcome conduct at your job, you do not have to suffer in silence. Both California and federal laws make workplace harassment unlawful and provide legal vehicles for you to take action and hold your employer accountable for the harm you sustained. Because the statutes for filing a claim can be complex, it's necessary to have a lawyer guide you through the process and help you seek justice.
At the Law Office of George Gedulin, our San Diego workplace harassment attorneys have extensive legal experience and are well-versed in employment law. We can review your case, let you know what your options are, and explain in clear terms the steps involved in resolving your matter. We understand the adverse effects of harassment experienced on the job and the impacts it can have on your future and livelihood. That is why we will stand up for you, challenging your employer and exposing the illegal conduct happening within the company. We can work toward a fair and just outcome on your behalf.
What Is Harassment?
Harassment is negative conduct directed at an employee based on their race, religion, sex, national origin, gender, or other characteristics of a protected class. It can involve sexual and non-sexual harassment and can take many forms, such as jokes, physical assaults, insults, or offensive images.
There are two main types of workplace harassment:
- Quid pro quo: Generally, this type of harassment is characterized by an employee receiving work benefits or favors in exchange for unwanted sexual advances. Typically, it involves a supervisors and their subordinates.
- Hostile work environment: This involves any offensive conduct that makes the work environment uncomfortable, abusive, or intimidating. It isn't limited to supervisor-subordinate relationships; anyone within the workplace may be accused of committing this kind of harassment.
For particular behavior to be considered harassment, it must:
- Affect continued employment, meaning the person subject to it must reasonably fear that they have to endure the treatment to keep their job; and
- Be so severe and pervasive that it results in an environment that a reasonable person would find hostile.
Workplace harassment is prohibited under California's Fair Housing and Employment Act (FEHA) and various federal laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990.
What Are the Steps to Making a Workplace Harassment Claim?
If you were subject to harassment at your job, you must begin the claims process by addressing the matter with your employer. In some cases, this may mean that you speak directly with the person conducting the offensive behavior. However, if you are unable to do so, you can discuss the situation with your supervisor or HR. Your employer is required to prevent and resolve any instances of harassment before they escalate into something larger.
If you are unable to resolve the matter with your employer, you may file a complaint with the California Department of Fair Employment and Housing (DFEH) or with the Equal Employment Opportunity Commission (EEOC). After you receive a "right to sue" notice from the agency, you may initiate a lawsuit against your employer. At the Law Office of George Gedulin, we can help ensure that your initial complaint is successfully filed and that you pursue civil action when that legal option is available to you.
Schedule a Consultation Today
Understanding your rights as an employee and knowing how and when to exercise those rights can be complicated. Our workplace harassment lawyers in San Diego can assist in navigating the complexities of your case.