Sexual Harassment

Sexual harassment is unlawful and in violation of Title VII of the Civil Rights Act of 1964 (42 U.S. Code, Section 2000 (e) et seq.), and a violation of the California Government Code, Section 12900, et seq.

There are two separate and distinct causes of action for sexual harassment. The first is called "quid pro quo." This harassment is found where getting, keeping, or advancing in a job is made conditional on submission to a supervisor's sexual advance, or where harassment has some other adverse tangible effect on the complainant's employment.

The second type of harassment is harassment which causes a "hostile work environment," and is defined as "unwelcome sexual conduct which unreasonably interferes with work performance, or creates an intimidating, hostile and offensive work environment."

Your potential sexual harassment claim has applicable statutes of limitations:

For example, if you were to file a sexual harassment case in State Court, you would have to do so within one year from the alleged harasser's conduct, or one year from the time the Right to Sue Letter is issued by the Department of Fair Employment and Housing (D.F.E.H.) in connection with any administrative Complaint filed.

With respect to the Right to Sue Letter issued by the Equal Employment Opportunity Commission (E.E.O.C.), your Complaint must be filed with the appropriate Federal District Court within ninety (90) days of receipt of the Right to Sue Letter. It is always prudent to retain legal counsel as soon as possible, so that appropriate discovery can commence and your case can be adequately prepared.

Filing an Administrative Complaint with the applicable State (D.F.E.H.) or Federal (E.E.O.C.) agency is a mandatory prerequisite to commencing a lawsuit in State or Federal Court.

It is important to file an internal complaint with the employer relative to the harasser's conduct. This should be done in writing, with yourself maintaining a copy. You should continue to thoroughly document all conduct which you deem to be inappropriate. Your lawyer should consider whether that conduct could be construed to be unwelcome sexual conduct, thereby being unlawful.

Once an internal complaint is lodged with your employer, it is the responsibility of your employer to do the following:

Take the complaint seriously;
Conduct a prompt, fair and thorough investigation;
Maintain confidentiality to the extent possible;
Take appropriate disciplinary action; and
Not retaliate against the complainant for filing the complaint.
Keep in mind, it is unlawful for an employer to retaliate against a complainant for making a sexual harassment complaint. It is your right not to be subjected to conduct, sexual in nature, or based on gender, that causes a hostile and offensive working environment.

Click here to go back to our practice areas page.

If you have been injured in an accident or have lost wages you feel you are entitled to, it is important to protect your legal rights.

Please Call Us At
916-447-7177

>>> Submit for a Case Evaluation

Copyright 2005 Guenard & Bozarth LLP
All Rights Reserved

Sacramento Personal Injury Practice Areas:
Auto Accidents |  Bicycle Accidents |  Boating/Pool Accidents |  Bus Accidents |  Catastrophic Injuries |  Construction Accidents |  Dog Bite Injury Case |  Motorcycle Accidents |  Slip & Fall/Trip & Fall |  Wrongful Death |  Defective Products |  Insurance Disputes/Bad Faith |  Elder Abuse | 

Sacramento Labor & Employment Practice Areas:
Wage & Hour |  Employment Class Actions |  Breach of Contract |  Family Leave |  Military Leave |  Sexual Harrasment |  National Origin/Immigration Discrimination |