Sexual harassment at work: when to speak with an attorney

Learn about sexual harassment and know when to seek an attorney.

A coworker made an inappropriate proposal to you at work at a promotional event for a product your team has been working on. It is not the first time this coworker has made you feel uncomfortable with sexual innuendos and other bad behavior at work. But, you work in a company and an industry with a “work hard / play hard” culture and you really like your job. You fear that making waves about your coworker, even if justified, may come back to haunt you in your career. Should you speak with an attorney at this time? Our attorney for sexual harassment at work can help you with your problem. Our Employment Law attorneys in San Francisco specialize in cases of sexual harassment at work

This article will answer your questions about sexual harassment and when you should consider speaking with an employment rights attorney. You will also be able to obtain information about what an employer can do to create a work environment free of sexual harassment, and how to combat sexual harassment.

How an attorney can help in a case of sexual harassment at work

When you experience harassing conduct at work, you may have many questions that you need answered before deciding what to do, if anything. Among those questions are:

• Was this even sexual harassment (as defined by law)?

• How should I respond to the harasser?

• Should I report the harassment?

• Are there steps I should take to protect myself against future harassment?

• What can I do to prevent my employer from retaliating against me for reporting the conduct?

These are questions that an experienced employment attorney can answer.

What is sexual harassment in the workplace?

Sexual harassment is any unwelcome or inappropriate sexual behavior, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment. Not all offensive comments qualify as sexual harassment as defined by law. If you’re facing conduct you believe could be sexual harassment, it’s a good idea to speak with a lawyer as soon as possible to determine whether the conduct fits the legal definition of harassment. You can call us with no obligation at (888)442-2642 and speak with an employment and employment law attorney in the San Francisco area.

Consulting with an attorney before reporting workplace sexual harassment

Even if you are subject to harassment, you may need to take certain steps to protect your rights. For example, your employer’s policy (and even the law) may require you to report potential sexual harassment to human resources or administrative employees in order to hold the employer accountable for the harassment. (Note that if the harasser is a manager, the law does not require you to report the harassment in order to hold the employer accountable for it).

An experienced employment rights attorney will help you determine the appropriate human resources or other employee to whom you should report the potential sexual harassment at work. An attorney can also work with you to describe your account of the harassing conduct. That way, if you get nervous when talking to human resources or a manager about the conduct (which is natural), you will have the confidence to provide all the relevant information clearly and calmly. Knowing how to relate the relevant facts to what happened is as important as the fact of having suffered the harassment.

How an attorney can help you protect yourself from sexual harassment at work

In addition to helping you prepare to report the harassment, an employment attorney will advise you on other steps to take to protect yourself. These steps may include:

• Documenting the harassment and all discussions about it with your employer.

• Preparing you to deal with the harasser if the harassment continues

• Advising you on how to report future harassment to your employer, and

• Monitoring your employer’s response to your complaint to ensure that your employer does not retaliate against you.

When you have to deal with harassment at work, it can be difficult to think clearly about how to respond. An employee subjected to sexual harassment may be too exhausted and emotionally confused to have the perspective on their circumstances necessary to formulate a strong response. An employment attorney can be a great resource to turn to so you can decide what steps to take.

Legal assistance during the investigation of sexual harassment at work

The law requires your employer to investigate any complaint of sexual harassment. And, your employer or the company you work for cannot take actions during the investigation that negatively affect your employment. An experienced employment attorney can consult with you during the investigation to ensure that the employer is proceeding as required by law. For information about your rights during a sexual harassment investigation, see Do you need an attorney for a workplace sexual harassment investigation?

Retaliation at work for suing for sexual harassment

The law prohibits employers from retaliating against employees who report sexual harassment. Retaliation at work can take many forms and is not limited to disciplinary write-ups or termination (although those actions can certainly be retaliation). For example, if your managers take you off desirable projects or exclude you from meetings, events, or even social outings after you report the harassment, an attorney can analyze these actions to see if they are retaliation.

Speak with an attorney about your sexual harassment complaint at work

An employment attorney will also describe the formal steps you can take to challenge sexual harassment. These include filing a charge of discrimination against your employer with the anti-discrimination agency of the state of California or with the federal Equal Employment Opportunity Commission (EEOC). And, the attorney can talk to you about the advantages and disadvantages of doing so, as well as the benefits and what may harm you in filing a lawsuit against your employer or company if you are not satisfied with their response to your sexual harassment complaint.

For more information, or to speak with an employment and employment law attorney about a workplace sexual harassment issue in the San Francisco, California area, call (888)442-2642 or fill out our contact form as soon as possible. Our attorneys specialize in helping victims of workplace sexual harassment, and they don’t just assist you—they understand your situation and can help you.

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