San Diego
Sexual Harassment Lawyers
Sexual harassment can create an unsafe and toxic work environment, leading to emotional distress, lost productivity, and damage to your career.
At Betts Law Group, we believe no one should have to stay silent after experiencing sexual harassment. Our founding attorneys, Tom Betts, and Whitney Betts, have spent over a decade learning how insurance companies and defense firms try to silence victims.
We understand the courage it takes to speak up, and we are dedicated to making sure your voice is heard, your rights are protected, and justice is served. Our goal is to offer passionate advocacy, personalized care, and unwavering support to every client. With us, you’ll always feel supported and empowered.
Tell Us About Your Case and Schedule an Initial Consultation Today!
What is Sexual Harassment?
- Unwanted sexual advances: Persistent and uninvited attempts to start a sexual relationship.
- Requests for sexual favors: Offering benefits like promotions in exchange for sexual acts.
- Verbal or physical harassment of a sexual nature: Inappropriate comments, jokes, gestures, or touching.
- Displaying sexually explicit images or materials: Sharing inappropriate content in the workplace.
- Offensive comments about someone’s sex or gender: Demeaning or objectifying remarks based on gender identity.
Sexual harassment can come from anyone in the workplace, including supervisors, coworkers, or clients. No matter who is responsible, you have the right to a safe, harassment-free work environment.
Types of Sexual Harassment: Quid Pro Quo – Hostile Work Environment – Unwanted Touching
There are three main types of workplace sexual harassment in California:
- Quid Pro Quo Harassment: This occurs when someone in a position of power offers or withholds employment benefits (such as promotions) in exchange for sexual favors. This type of harassment can only be committed by someone with authority over the victim.
- Hostile Work Environment: This involves unwelcome conduct of a sexual nature that creates an intimidating or offensive workplace. Harassment can come from anyone in the workplace, and the behavior must be pervasive or severe enough to affect your ability to work.
- Unwanted Physical Touching: This can include subtle touching like unwanted hugs and shoulder rubs to more severe actions like groping or assault.
Federal and California Laws on Sexual Harassment
Employees in California are protected by both federal and state laws that prohibit sexual harassment:
- Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination based on sex and applies to employers with 15 or more employees. It also addresses quid pro quo and hostile work environment harassment.
- California’s Fair Employment and Housing Act (FEHA): FEHA offers broader protections than federal law, covering more employers and prohibiting harassment based on sex, gender identity, gender expression, and sexual orientation.
Even if federal laws don’t apply to your workplace, California law ensures that you are protected against sexual harassment. California is at the forefront of protecting workers from harassment, particularly unwanted and repeated verbal comments on the job. The Fair Employment and Housing Act provides more protection than federal laws, with a lower burden of proof and no damage caps.
Working for a living is a fundamental human right. If others’ behavior prevents you from doing your job, you may be entitled to recover damages for lost wages and psychological distress.
Betts Law Group Is On Your Side
We never lose sight of the person suffering at the heart of the case.
Employer Responsibilities for Preventing Sexual Harassment
- Take reasonable steps to prevent harassment and discrimination.
- Have a clear policy for reporting sexual harassment without going to a direct supervisor.
- Provide sexual harassment training to all employees in businesses with five or more employees.
Failure to meet these requirements exposes employers to significant liability.
Types of Damages for Sexual Harassment Victims
- Lost Wages (Back Pay and Front Pay): For income lost due to termination, demotion, or forced resignation.
- Emotional Distress: Compensation for the psychological toll the harassment has caused.
- Punitive Damages: In cases of extreme misconduct, employers may be ordered to pay punitive damages.
- Legal Fees: The winning party may recover attorneys’ fees and court costs.
What to Do If You’ve Been Sexually Harassed at Work
- Document the harassment
- Report the harassment in writing
- Contact an attorney to help guide you and protect you
- Filing a complaint with the EEOC or California CRD
At Betts Law Group, we will assist you every step of the way and ensure that your complaint is handled properly and effectively.
What Our Clients Say
How The Betts Law Group Can Help
Step 1:
Contact our team for an initial consultation to discuss your experience and legal options.
Step 2:
Our compassionate attorneys will carefully listen to your story and assess the strength of your case.
Step 3:
If we believe we can help, we’ll begin working with you to build a strong legal strategy.
Step 4:
Our team will work tirelessly on your behalf, ensuring your rights are protected and you receive the justice you deserve.
Frequently Asked Questions
What should I do if I’m being sexually harassed at work?
Document the incidents, report them to your employer, and seek legal guidance to explore your rights and options.
Can I file a sexual harassment claim while still employed in California?
Yes, under California law, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD), even if you are still employed. You do not need to wait for termination or retaliation to take action against workplace sexual harassment. You should get guidance from an Attorney to assist you in completing these complaints to fully preserve your rights.
What damages can I recover in a California sexual harassment case?
In a successful sexual harassment claim in California, you may be entitled to compensation for lost wages (including back pay and front pay), emotional distress caused by the harassment, and punitive damages in cases of extreme misconduct. Other potential damages include coverage of legal fees and court costs.
In California, a successful wrongful death lawsuit could result in payment for medical expenses, funeral and burial costs, the value of the decedent’s household services, lost inheritance, the loss of financial support that the decedent would have contributed to the family, the loss of gifts or benefits the plaintiffs would have expected to receive from the decedent, and the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
What if my employer retaliates against me for reporting sexual harassment?
Retaliation is illegal under California’s Fair Employment and Housing Act (FEHA). If your employer retaliates against you for reporting sexual harassment, such as by demotion, termination, creating a hostile work environment, or making an adverse employment action (such as reducing your hours, reassignment of site or duties, etc.), you can file an additional retaliation claim and seek compensation for those damages as well.
How long do I have to file a sexual harassment claim in California?
In California, the statute of limitations for filing a sexual harassment lawsuit is generally three years from the date of the last incident of harassment. Acting quickly is important to ensure evidence is preserved and your rights are fully protected.
How can a sexual harassment lawyer help me?
An experienced sexual harassment lawyer can provide critical support and guidance throughout your case. They will help you understand your rights, navigate the legal process, and determine the best course of action. At Betts Law Group, our attorneys will handle everything from filing formal complaints with government agencies, gathering evidence, and negotiating with your employer to representing you in court if needed.
Contact Our Sexual Harassment Lawyers at Betts Law Group Today
If you’ve experienced sexual harassment in the workplace, know that you have rights and legal options. California law strongly protects victims of workplace harassment and takes sexual harassment cases with the utmost seriousness.
At Betts Law Group, we are here to support you every step of the way, offering the advocacy, personalized attention, and compassion you need during this challenging time.
Contact us today at (858) 201-2424 for an initial consultation, and let us help you move forward with confidence.