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Everyone has the legal right to a workplace free from sexual harassment.
Unfortunately, according to some studies, over 80 percent of women have experienced workplace sexual harassment.
However, with the #MeToo Movement, employees began to feel more empowered against those who chose to engage in harassing behavior. Since then, tens of thousands of employees across the country have spoken up, reported their experiences and taken action to hold employers accountable for their actions.
At the McCormack Law Firm, we represent employees in sexual harassment claims against employers. Our attorneys have over 20 years of experience and a wealth of knowledge on the state and federal laws that employers must adhere to.
More than 86 percent of women and 53 percent of men report having experienced some form of sexual harassment or assault in their career in California.
Most instances of sexual harassment go unreported
According to a recent study, between 87 and 94 percent of employees experiencing harassment do not file a formal complaint.
Additionally, eighty percent of lesbian and bisexual women report having experienced sexual harassment in the workplace. According to a survey conducted by Cosmopolitan Magazine, when women were asked to identify the person or people who engaged in harassing behavior:
• Seventy-Five percent said it was a male colleague
• Forty-Nine percent said it was a male customer
• Thirty-Eight percent said it was a male manager
• Ten percent said it was a female manager
What is workplace sexual harassment?
There is no exact legal definition of "sexual harassment." It can come in many forms, and every situation is different. The perpetrator could be a supervisor, co-worker, customer, contractor or vendor. The harassment may happen at the workplace or outside of work. Some common situations include:
Do I Have a Legal Case for Workplace Sexual Harassment?
Sexual harassment has long been illegal under both state and federal law. Title VII to the Civil Rights Act of 1964 and California's Fair Employment and Housing Act both prohibit sexual harassment in the workplace. Because every story is different, there is no clear-cut rule to determine what makes a strong sexual harassment case.
To establish if there is sexual harassment, courts often consider these factors:
There is no simple rule to determine if sexual harassment is severe or frequent enough for a strong case.
A single event could be the basis of a sexual harassment case, if it is relatively serious, like touching or "quid-pro-quo" harassment. ("Quid pro quo" is a severe form of sexual harassment.) Other types of harassment, such as rude comments, can also be the basis of a legal claim if they happen often enough to create a "hostile work environment"—especially if the employer does not take action to stop it.
Not all rude, annoying or offensive behavior will necessarily rise to the level of creating a hostile work environment. Under the EEOC's guidelines, "petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality."
As there are no black-and-white rules, it is best to consult with an experienced employment attorney about your specific situation.
What Is "Quid-Pro-Quo" Sexual Harassment?
"Quid pro quo" is a Latin legal term meaning to exchange "this, for that." Regarding sexual harassment, it means that someone offers a job, raise, promotion or another work opportunity, in exchange for sexual or romantic involvement.
Remedies in a California Sexual Harassment Lawsuit
Plaintiffs who prevail in a sexual harassment lawsuit might be able to recover any lost wages due to wrongful termination or missing work, as well as compensatory damages, such as emotional distress, and punitive damages if the behavior of the employer was found to be egregious.
What Is a "Hostile Work Environment?”
In sexual harassment law, a "hostile work environment" means that the unwelcome sexual conduct is so severe or happens so often that it turns your job into an abusive environment. There is no exact rule for how severe the harassment has to be or how many times it has to happen. Courts often apply the standard of whether a "reasonable person" would think that sexual harassment turned your work into a hostile environment.
At the McCormack Law Firm, attorney Bryan McCormack has been successfully representing employees in California quid pro quo and hostile work environment cases for the past 20 years. Through his compassionate, yet aggressive, style of representation, he can help hold responsible employers accountable for their actions.
What Should I Do if I Have Been Sexually Harassed at Work?
Consult With a Knowledgeable San Francisco Sexual Harassment Lawyer
If you have been subject to sexual harassment at work, contact the McCormack Law Firm for immediate assistance. As experienced San Francisco employment law attorneys, we understand employers' legal duties to create and foster a safe, harassment-free workplace, and we put that knowledge to use in each of our clients' cases. Our lawyers handle all types of California sexual harassment claims, including hostile work environment claims and quid pro quo claims. We also handle California wrongful terminations and wage theft.
To learn more and schedule a free consultation to speak with an attorney about your situation, call (415) 925-5161.
Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.