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Workplace harassment can hurt your career, health, and peace of mind. Many people in the U.S. face this problem every year. If you’re dealing with harassment at work, an employment lawyer who handles these cases can provide support. These lawyers know the laws that protect workers and can help you stand up for your rights.
A lawyer who focuses on harassment cases can explain if what you’re going through is against the law. They can help you file a complaint with the right government agency, talk to your employer to settle the issue, and go to court if needed. With the right lawyer, you’ll have someone on your side who can advocate for your rights and help you pursue the legal remedies available under the law.
If you believe you’re experiencing harassment in the workplace, speaking with an attorney focusing on California employment law can make all the difference. At Arash Law, our team has years of dedicated experience advocating for victims, including employees facing hostile work environments, retaliation, and unlawful treatment. We offer confidential consultations and clear guidance tailored to your unique situation. To speak with an experienced workplace harassment attorney, call us at (888) 488-1391 or fill out our contact form.
Understanding Workplace Harassment And Your Legal Rights
Harassment at work becomes illegal when it affects your job or creates a work environment that most people would see as scary, unfair, or abusive. This behavior breaks several federal laws, like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.
California has even stricter rules. The Fair Employment and Housing Act (FEHA) protects a broader range of workers and personal traits, including gender identity and gender expression. It also applies to smaller businesses with five or more workers, while federal law only applies to companies with 15 or more. California law may also allow victims to receive more compensation for damages, as it doesn’t have the same limits as federal law.
Workplace harassment remains a serious issue. In 2024, the U.S. Equal Employment Opportunity Commission received over 88,000 discrimination complaints, more than 35,000 of which were about harassment. In California, the Department of Fair Employment and Housing handled over 34,000 complaints in 2023. Among these, more than 1,500 involved harassment.
When Does Workplace Behavior Become Harassment?
Knowing when bad behavior at work becomes illegal harassment is key to protecting your rights. Not every awkward interaction counts as harassment under the law.
For behavior to be considered harassment, it must meet three key criteria:
- It must involve a protected characteristic (such as race, gender, age, religion, disability, etc.).
- It must be severe or pervasive enough to create a hostile work environment.
- It must interfere with your ability to perform your job.
You may face unlawful treatment without support if you don’t understand these distinctions. You may also confuse everyday workplace issues with legal violations.
Signs that harassment has become illegal include:
- Continuous unwelcome comments, jokes, or slurs about protected traits (such as racist jokes or gender insults).
- Intimidation, threats, or bullying related to protected status (like threats of job loss due to your religion).
- Unwanted physical contact or sexual advances, like touching, groping, or requests for sexual favors.
- Inappropriate images, messages, or materials at work, such as pornographic images or racist symbols.
- Negative job actions, such as being passed over for a promotion because of age, demotion, or firing due to protected traits.
If you notice these behaviors, an employment lawyer can help you understand if laws have been broken and guide you on what to do next.
Types Of Cases Handled By Employment Lawyers
Employment lawyers deal with various workplace harassment cases. An experienced attorney can offer targeted legal support based on the type of misconduct. This support can help you navigate the legal process. Here are the most common types of cases that employment lawyers handle:
Sexual Harassment Cases
Sexual harassment remains one of the most common forms of workplace harassment. Unwanted behavior can come from supervisors, co-workers, or outsiders like clients or vendors. If you face sexual harassment at work, an employment attorney can help you file a complaint. They can also assist you in pursuing a claim and seeking compensation under state or federal laws.
According to data compiled by the National Sexual Violence Resource Center, about 38% of women and 14% of men have experienced sexual harassment at work. A paper published by the Institute of Labor Economics reveals that at least 1 in 28 U.S. workers faces workplace sexual harassment each year. However, only 1 in 11,000 files a formal complaint with the EEOC. Even after the #MeToo movement, reports have only risen by 10%, highlighting the significant gap caused by underreporting.
Sexual harassment typically falls into two categories:
- Quid Pro Quo Harassment — This occurs when job choices or perks rely on accepting unwanted sexual advances (e.g., “If you date me, I’ll promote you”).
- Hostile Work Environment — This happens when unwanted sexual behavior makes the workplace intimidating, hostile, or offensive.
An employment lawyer who handles sexual harassment cases can do the following:
- Assess whether your experience meets the legal definition of harassment.
- Gather evidence to support your claim.
- Determine if your employer failed to act appropriately to prevent or correct the situation.
- Represent you through complaints with agencies like the EEOC or California’s Department of Fair Employment and Housing.
- Negotiate settlements or take your case to court if necessary.
- Challenge any retaliatory actions taken by your employer.
Employment attorneys understand these cases are sensitive and can provide both legal guidance and support throughout the process.
Discrimination-Based Harassment Cases
Discriminatory harassment targets protected characteristics. Lawyers handling these claims work under Title VII of the Civil Rights Act and California’s FEHA. Common types include:
- Race and National Origin — Racial slurs, stereotypes, and offensive behavior based on race or ethnicity violate federal and state laws. Race-based discrimination is one of the most frequently filed complaints, with 30,270 charges reported in 2024. An experienced employment lawyer can assess whether the harassment was severe enough to create a hostile work environment based on race or national origin.
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Gender and Sex Discrimination — Gender-based harassment targets someone’s gender identity or expression and includes gender stereotyping, demeaning comments, and unequal treatment. California law prohibits discrimination or harassment based on gender or sex, and the Equal Pay Act mandates equal pay for substantially similar work, regardless of sex.
LGBTQ+ employees, particularly transgender and nonbinary individuals, and POC employees experience these issues at higher rates. Employment lawyers also address pregnancy discrimination claims. These claims involve unfair treatment linked to pregnancy, childbirth, or related medical conditions. Such actions violate state and federal laws.
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Disability & Medical Condition Discrimination — Federal and California laws prohibit harassment or discrimination based on disabilities or medical conditions. Employers must provide reasonable accommodations and maintain a respectful work environment.
Harassment may involve mocking conditions, denying accommodations, or creating a hostile workplace. Employment lawyers can help protect workers’ rights and hold employers accountable for violations.
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Age Discrimination — The Age Discrimination in Employment Act (ADEA) and California’s FEHA prohibit harassment against workers 40 and older based on age. This type of harassment includes age-related jokes, derogatory comments, or pressure to retire.
According to an AARP survey, 64% of workers aged 50 and older reported experiencing or witnessing age discrimination in the workplace. This finding indicates that age discrimination remains a persistent problem despite legal protections. Employment attorneys can evaluate if harassment was age-motivated and impacted your work environment.
Workplace Retaliation Cases
Retaliation happens when an employer punishes a worker for doing something the law protects, like reporting harassment or discrimination. Such retaliatory actions are illegal under both federal and state laws.
Protected actions include filing a complaint, helping a co-worker with their complaint, asking for a reasonable accommodation, or reporting unsafe or illegal activity at work.
A workplace injury lawyer who handles retaliation cases can offer support if you experience adverse actions at work. They look at the timing and details to prove the employer acted unfairly.
Frequently Asked Questions About Workplace Harassment
Dealing with workplace harassment can be stressful, but learning about your rights is the first step to taking back control. Whether someone is mistreating you, making rude comments, or creating a hostile work environment, knowing the law is on your side is important.
These FAQs answer common questions about workplace harassment and how employment lawyers can help. They offer simple, practical information so you can make wise choices. You’re not alone; with the right help, you can stand up for yourself and pursue the legal protection available to you.
How Much Does An Employment Lawyer Cost In California?
Employment lawyer fees in California vary based on several factors, including the attorney’s experience, location, and the complexity of your case. Most employment attorneys use one of these payment structures:
- Hourly Rates — In California, employment attorneys typically charge fixed amounts, depending on the law firm’s billing structure.
- Contingency Fees — Some employment lawyers work on a contingency basis, meaning they only get paid if you win your case. These fees depend on various factors, such as the case’s complexity. More challenging cases or those involving significant risk may command higher percentages. However, clients may still be required to pay for certain case-related costs, no matter the result.
- Hybrid Arrangements — Some attorneys offer a reduced hourly rate plus a smaller contingency percentage if the case is successful.
Before hiring an injury lawyer, discuss fee structures during your initial consultation to understand your expected costs. Contact Arash Law at (888) 488-1391 for a free case review regarding your employment law case.
Can I Sue My Employer For Workplace Harassment?
Yes, you can take legal action if you have experienced workplace harassment. California law allows victims to sue individual harassers and employers for damages resulting from workplace harassment. Potential damages may include:
- Compensation for lost wages and benefits.
- Medical and therapy expenses.
- Emotional distress damages.
- Punitive damages (in rare cases of particularly grossly negligent conduct).
- Attorney’s fees and court costs.
How strong your case is depends on a few things, like how serious and how often the harassment happened, what proof you have, and if you reported it the right way. In California, the Fair Employment and Housing Act gives workers strong protection, often stronger than federal laws.
Even if the harassment doesn’t break a specific law, you might still have a case if it caused you severe emotional or mental stress. A skilled employment lawyer can look at your situation and help you determine the best way forward.
How Long Do You Have To File A Workplace Harassment Lawsuit In California?
In California, there are strict deadlines for filing workplace harassment claims, and missing these deadlines can permanently bar your right to seek legal remedies.
As of 2023, California law requires you to file a complaint with the Civil Rights Department (CRD, formerly known as the Department of Fair Employment and Housing or DFEH) within three years of the last incident of harassment. This step is essential before filing a lawsuit.
After filing with the CRD, you will receive a ‘right to sue’ notice. Once you receive this notice, you have one year to file a lawsuit in court.
These deadlines are subject to certain exceptions and can be complex in cases involving ongoing harassment or retaliation. An employment attorney can guide you on your rights and potential steps in cases like this.
What Steps Should I Take If I Am A Victim Of Workplace Harassment?
If you’re experiencing workplace harassment, taking prompt and strategic action can help protect your rights and strengthen any potential legal claim. Follow these essential steps:
- Document Everything — Keep detailed records of all harassing incidents, including dates, times, locations, what was said or done, who was present, and how you responded. Save all relevant emails, texts, photos, or other evidence.
- Report the Harassment — Follow your company’s harassment reporting procedure, which typically involves notifying HR, a designated harassment officer, or your manager. Make your report in writing and keep a copy for your records.
- Review Your Company’s Policies — Familiarize yourself with your employer’s harassment policy to understand the internal procedures and your rights.
- Consider Direct Communication — If you feel safe doing so, clearly tell the harasser that their unwelcome behavior must stop. This step isn’t legally required, but it can strengthen your case.
- Seek Medical or Psychological Care — If the harassment has affected your health or emotional well-being, seek appropriate medical care and keep records of all treatment.
- Consult an Employment Attorney — You might wonder, “Do I need a personal injury lawyer for my case?” The answer depends on the details of your case. Consider consulting an injury attorney who handles workplace harassment cases to understand your legal options and ensure your rights are protected.
Remember that once you report harassment to your employer, they are legally obligated to investigate and take reasonable steps to prevent further harassment. If they fail to do so, or if you experience retaliation for reporting harassment, these additional violations strengthen your legal claim.
Get Help From An Experienced Workplace Harassment Attorney
Workplace harassment can devastate your career, financial security, and personal well-being. However, you don’t have to face these challenges alone. An experienced employment attorney can be your advocate, helping you navigate complex legal processes and working to pursue compensation based on your case circumstances.
At Arash Law, we aim to support victims of workplace harassment. Our employment law team, led by Michelle Rapoport, has helped many workers mistreated because of their race, gender, age, disability, religion, or other protected traits.
As a dedicated personal injury law firm in California, we’re here to support you with care while also advocating for a safe and healthy workplace. Our team also comprises car accident lawyers and handles various other types of personal injury cases.
Contact us today at (888) 488-1391 to schedule a free, initial consultation. Together, we can work to pursue accountability for workplace harassment and seek any compensation and workplace protections that may be available to you under the law.
