The San Jose sexual harassment lawyers at Melmed Law Group P.C. provide free consultations for victims of sexual harassment in San Jose and throughout Santa Clara County. Our experienced sexual harassment attorneys can help you navigate during this difficult time.
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Representing Victims of Workplace Sexual Harassment in San Jose and Santa Clara County
Sexual harassment is still prevalent, and it’s still illegal. Some cases are unreported because employees fear the consequences that may follow after they report sexual harassment. Don’t put up with it, and use the law to work for you. The Fair Employment and Housing Act (FEHA) provides employees with the right to work in a non-hostile workplace free from sexual harassment and discrimination.
If you have found yourself as a victim of workplace sexual harassment, our San Jose sexual harassment lawyers may be able to help. We understand that sexual harassment in the workplace is a traumatic experience and that you may not feel comfortable discussing it. We take a sensitive approach and guide our clients through each step of the legal process, answering any questions that they have to ease them during their time of distress.
The sexual harassment attorneys at Melmed Law Group P.C. have significant experience litigating sexual harassment claims, and we don’t just fight for our clients in San Jose and Santa Clara County, we’re here to help them heal and move forward with their life.
We offer a free 15-minute consultation with a sexual harassment lawyer to help you evaluate your options and determine the best plan of action for you.
What Constitutes Sexual Harassment in San Jose and Santa Clara County?
According to Santa Clara County’s Office of Education, federal anti-discrimination laws, and Fair Employment and Housing Act (FEHA), you may be a victim of sexual harassment in the workplace if you are subjected to:
- Unwelcome sexual advances;
- Unwelcome requests for sexual favors;
- Unwelcome physical contact of a sexual nature;
- Unwelcome verbal or visual conduct of a sexual nature;
- Quid pro quo sexual harassment. (trading sex or sexual favors in exchange for higher pay or a promotion or some other favorable employment opportunity)
In California, it is unlawful for anyone to harass any person based on their sex. In the workplace, sexual harassment can be in the form of comments, requests, verbal conduct of a sexual nature, gestures, and unwanted physical contact that turns a workplace into a hostile and intimidating environment.
Specific forms of sexual harassment are:
- Sexual favors in exchange for a promotion.
- Unwanted touching, including deliberate touching, leaning over, hugging, and patting.
- Unwanted gestures like blowing kisses.
- Telling sexual jokes and asking sexual questions.
- Repeated pressure for dates.
- Whistling at or catcalling someone.
- Stores of a sexual or suggestive nature.
- Purposefully standing close to someone.
Further, a victim may not be a ‘direct’ victim; someone who witnessed sexual harassment, or who is subject to a sexually hostile work environment, may also have actionable claims for sexual harassment under state and federal law.
Can My Employer Retaliate After I File a Sexual Harassment Claim?
If you report sexual harassment, your employer may retaliate against you, and such retaliation may also be a form of wrongful termination, demotion, reduction in hours of employment, denial of a deserved bonus or raise, relocation to a different department, or exposure to a less favorable condition of employment. This type of retaliation is illegal.
Therefore, it’s highly suggested for anyone experiencing sexual harassment to document the behaviors, gather evidence through copies of internal correspondence, photos, and statements from employees, then speak to an attorney as soon as possible. If one of these adverse consequences occurs to you, our California sexual harassment lawyer will stand by your side in Santa Clara County to fight against wrongful termination and employer retaliation in addition to any potential claims for sexual harassment.
Is There a Time Limit for Filing a Sexual Harassment Claim?
There are strict limitations to bringing a sexual harassment claim. To figure out your time limitations, call our office to speak to an attorney to figure out the time limitations. Failing to do so may prevent you from recovering any damages at all.
Free Consultation with a San Jose Sexual Harassment Lawyer
If you or someone you know is or was a victim of sexual harassment in the workplace in San Jose or Santa Clara County, reach out to us for a free consultation with one of our San Jose sexual harassment lawyers and learn what we can do for you.