Sexual harassment is still prevalent in the United States, despite being in the 21st century, with comprehensive policies and laws addressing sexual harassment.
If you are a victim of sexual harassment, whether at your workplace, home, educational institution, public space, or online environment, work with a Los Angeles sexual harassment lawyer.
Seeking legal representation from an experienced Los Angeles sexual harassment attorney will help you understand your legal options and the necessary steps to take during your case.
How Can a Los Angeles Sexual Harassment Lawyer Help?
For sexual harassment victims, having legal representation helps protect their rights, find justice, and hold harassers accountable. Sexual harassment claim is within the purview of an employment lawyer. A Los Angeles employment attorney can assist victims throughout the legal process in the following systematic steps;
1. Initial Consultation and Case Evaluation
The journey with a sexual harassment lawyer begins with the victim seeking an initial consultation. During this phase, the lawyer will listen attentively to the victim’s account of the harassment and assess the strength of the potential case.
The lawyer will inquire about the details of the incidents, the identity of the harasser(s), any evidence available, and the impact of the harassment on the victim’s emotional well-being and professional life.
This assessment helps the lawyer determine the viability of the case and the potential legal options available to the victim.
2. Gathering Evidence and Witness Testimonies
After the initial consultation, the lawyer will work closely with the victim to gather pertinent evidence to support the claim of sexual harassment. This evidence may include emails, text messages, photographs, videos, or other relevant documentation that can substantiate the victim’s allegations.
In addition, the lawyer may interview witnesses who have observed the harassment or have relevant information to support the case. Gathering strong evidence helps build a compelling case and increases the likelihood of a successful outcome.
3. Mediation and Negotiation Efforts
In some cases, the harasser and the victim can resolve sexual harassment claims through mediation or negotiation before proceeding to court. A skilled sexual harassment lawyer will engage in these efforts on the victim’s behalf.
Mediation involves a neutral third party facilitating communication between the involved parties to find a mutually acceptable resolution. Negotiation requires discussions between the victim’s lawyer and the opposing party’s representative to reach a settlement compensating the victim for damages suffered.
4. Preparing for Litigation, if Necessary
If mediation or negotiation fails to achieve a satisfactory resolution, the sexual harassment lawyer will prepare for litigation. It involves filing a complaint with the appropriate law institution and serving the defendant(s) with the legal documents.
The lawyer will then engage in the discovery process, which includes requesting and exchanging information and evidence with the opposing party to build a strong case.
5. Advocating for the Victim’s Rights Throughout the Legal Process
During litigation, the sexual harassment lawyer advocates for the victim, presenting evidence, questioning witnesses, and arguing the case in court.
The lawyer will work tirelessly to protect the victim’s rights, challenge any attempts to discredit the victim, and ensure justice is pursued and served. If you are a victim of sexual harassment, fill out the short contact form or call our law office at 714-409-8991 for immediate help.
Definition of Sexual Harassment
It’s a form of discrimination involving unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. The behavior creates a hostile or offensive environment for the victim. It can lead to many negative consequences, including emotional distress, loss of productivity, and damage to one’s professional or personal reputation.
The key elements of sexual harassment include the following;
- Unwanted conduct: It involves unwelcome and unsolicited behavior by the recipient, including sexual advances, comments, jokes, or innuendos.
- Hostile environment: The behavior creates an environment that’s intimidating, hostile, or offensive for the victim, impacting their ability to work, study, or carry out daily activities.
- Power imbalance: Sexual harassment can occur when there’s a power differential between the harasser and the victim. This power imbalance can be related to organizational positions, employment relationships, home settings, or academic settings.
- Frequency and severity: The behavior may be persistent or severe, but even a single incident of sexual harassment can be unlawful if it creates a hostile environment.
Sexual harassment is not limited to one gender and can happen to individuals of any sex or gender identity. Legal protections and policies are in place to address and combat sexual harassment and hold perpetrators accountable for their actions.
Understanding Sexual Harassment Laws in Los Angeles
In Los Angeles, like in many other parts of the United States, combating sexual harassment is a critical priority to ensure a safe and inclusive community. Understanding the relevant laws and protections is essential for victims seeking justice and holding the guilty party accountable for their actions.
The federal laws and their applicability include the following;
- Title VII of the Civil Rights Act of 1964 prohibits discrimination based on gender, race, or religion, including sexual harassment, in workplaces with 15 or more employees. It covers various aspects of employment, including hiring, firing, promotions, pay, and other terms and conditions of employment.
- The Equal Pay Act of 1963 (EPA) addresses wage disparities based on sex and ensures men and women receive equal pay for equal work in the same establishment.
- The Civil Rights Act of 1991 amended Title VII and provided additional remedies and enforcement mechanisms for victims of discrimination, including sexual harassment.
On the other hand, California state laws and specific protection against sexual harassment are;
- California Fair Employment and Housing Act (FEHA): FEHA offers protection against discrimination and harassment in employment, housing, and public accommodations. It covers a broader range of employers than federal laws, applying to workplaces with five or more employees.
- California Family Rights Act (CFRA): CFRA provides eligible employees with the right to take protected leave for certain family-related reasons, including leave for pregnancy disability, baby bonding, and serious health conditions of family members.
- California Labor Code: It contains provisions that protect employees from retaliation for reporting violations or participating in investigations related to sexual harassment.
- California Education Code: For educational institutions, the California Education Code addresses sexual harassment in schools and outlines procedures for handling complaints and ensuring a safe learning environment.
Victims of sexual harassment should document incidents, keep records, and report the behavior to the appropriate authorities within their workplace or educational institution.
Choosing the Right Los Angeles Sexual Harassment Lawyer
Finding the right Los Angeles sexual harassment lawyer is a critical step in this process. With numerous attorneys offering their services, making an informed decision is vital to ensure the victim’s interests are represented. Here are factors to consider before settling on a Los Angeles sexual harassment attorney;
1. Qualifications and Experience
Look at the qualification and experience of a Los Angeles sexual harassment lawyer before engaging them. Look for attorneys with specialized knowledge in employment law, civil rights, and sexual harassment cases.
Check their educational background, ensuring they have graduated from reputable law schools and are licensed to practice law in California. Also, consider their years of experience handling sexual harassment cases– more experienced lawyers are better equipped to navigate complex legal issues.
2. Track Record of Successful Cases
A proven track record of successful outcomes in sexual harassment cases is an essential factor to consider. Research the lawyer’s history of handling similar cases and inquire about their success rate.
A lawyer with a strong history of securing favorable settlements or verdicts for their clients demonstrates their ability to build robust cases and effectively advocate for victims.
3. Client Testimonials and Reviews
Reading client testimonials and reviews can provide more information about the lawyer’s professionalism, communication style, and level of satisfaction from their client’s experience.
Look for testimonials relating to sexual harassment cases to gauge the lawyer’s effectiveness in handling such matters. Online reviews on reputable platforms or referrals from trusted sources can be valuable resources for gathering this information.
4. Communication and Rapport
During your initial consultation, pay attention to how the lawyer communicates with you. A reliable sexual harassment lawyer should actively listen to your concerns, explain complex legal concepts in a clear manner, and address any questions or uncertainties you may have.
Also, consider if you feel comfortable discussing sensitive matters with the lawyer, as trust and rapport are essential components of an effective partnership.
The Impact of a Los Angeles Sexual Harassment Lawyer on the Outcome of a Case
In sexual harassment cases, hiring a sexual harassment lawyer versus representing oneself can impact the case’s outcome. Some victims may consider self-representation to save costs or have control over their cases. However, working with a specialized lawyer has several advantages.
A Los Angeles sexual harassment lawyer can present compelling arguments and evidence to demonstrate the full extent of the harm caused by the harassment, increasing the likelihood of securing a more substantial settlement or favorable verdict.
They may also build strong cases by presenting irrefutable evidence, making it challenging for the accused to deny or dismiss the allegations. Holding harassers accountable sends a clear message that such behavior will not be tolerated, fostering a safer and more respectful workplace or environment.
Eldessouky Law Advocates for Justice
When facing the distressing and deeply personal experience of sexual harassment, victims in Los Angeles need compassionate and dedicated advocates by their side. At Eldessouky Law, we provide empathetic support and legal representation for sexual harassment victims.
Our team of qualified sexual harassment lawyers creates a safe space and comfortable environment for you. Contact us today for a confidential consultation and take the first step toward healing and finding justice.
