In this article we will explain what workplace sexual harassment is, how suing for sexual harassment emerged as a legal remedy, and why it is important to file a claim to protect your rights and your job. Our attorneys can listen to your case and advise you legally if you are being sexually harassed at work. Call Liberation Law Group at 1-888-442-2642 for a free consultation in Spanish.
Sexual Harassment in the Workplace: A Brief History
In 1991, “sexual harassment” became a widely known term in the United States. That was the year Anita Hill accused Clarence Thomas — a Supreme Court nominee — of unwanted sexual comments made while she was employed by him. Although Thomas was still confirmed to the Supreme Court, Hill’s accusations generated a major public debate and widespread interest in workplace sexual harassment. President George H.W. Bush reconsidered his opposition to legislation giving harassment victims the right to seek damages, back pay, and reinstatement — and Congress passed those protections into law. The following year, sexual harassment complaints in the workplace increased by 50%.
The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment as a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments, employment agencies, labor organizations, and the federal government.
Today, workplace sexual harassment complaints are taken very seriously and include a wide range of inappropriate and offensive conduct — including physical harassment, sexual assault, and unwanted sexual advances. Verbal, non-verbal, visual, or written harassment that does not involve physical contact is also considered sexual harassment. Examples include verbal sexual propositions, insinuations or comments about an employee’s body, requests for sexual favors, sexual gestures, offensive images depicting sexual or suggestive acts, and references to the employee’s sexual habits or preferences.
Sexual Harassment Is Not Only a Women’s Issue
Both men and women can be victims or perpetrators of sexual harassment. The perpetrator and the victim may be of the same sex or opposite sexes, and one or both may be heterosexual or homosexual. California law protects all workers regardless of gender or sexual orientation.
Employer Responsibility for Workplace Sexual Harassment
The law requires every employer to ensure the workplace is free from sexual harassment. This responsibility goes beyond simply issuing a policy statement. An employer must include a clear prohibition against sexual harassment backed by a clearly articulated complaint procedure — and must follow that procedure without exception.
Liberation Law Group will never back down from a case involving sexual harassment laws. From the day your case comes to our office, we prepare it for trial. Whenever possible, our firm will pursue punitive damages to increase the amount of your recovery and deter the employer from permitting further sexual harassment or maintaining a hostile work environment in the future.
What to Do If You Have Been Sexually Harassed at Work in Alameda or Contra Costa County
Gather evidence: Document any comments, messages, or treatment that is making your workplace hostile. If the harasser is sending you emails or text messages, make sure to save them and keep them secure.
Report the harassment at work: According to the Supreme Court, you must report sexual harassment to your employer — in writing or verbally — before you can file a lawsuit. You must give them the opportunity to correct the situation, and report incidents to the appropriate person.
File a complaint with the EEOC and California Labor Commissioner: Filing a complaint with the EEOC and the California Labor Commissioner’s Office is a required step before filing a lawsuit in most cases.
Consult with an experienced employment attorney: Speaking with an attorney is the best way to protect yourself against retaliation and protect your job. Call 1-888-442-2642 today for a free, confidential case evaluation in Spanish.
We represent sexual harassment victims in Oakland, Berkeley, Hayward, Fremont, Richmond, and throughout the East Bay.
Do you need legal help today?
Attorney Arlo Uriarte can evaluate your case — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
Frequently Asked Questions — Sexual Harassment in Alameda and Contra Costa Counties
Does Liberation Law Group handle sexual harassment cases in Alameda and Contra Costa?
Yes. We represent sexual harassment victims in Oakland, Berkeley, Hayward, Fremont, Richmond, San Leandro, and throughout Alameda and Contra Costa counties. The same protections under California’s FEHA apply throughout the entire East Bay. The consultation is completely free and confidential. Call 1-888-442-2642.
Is sexual harassment handled differently in the East Bay than in San Francisco?
No. California’s laws apply equally in Oakland, Hayward, Berkeley, and throughout the East Bay as in San Francisco. FEHA is a state law — there is no difference in protections based on geographic location. Alameda County cases are heard before the Alameda County Superior Court in Oakland. Contra Costa County cases are heard before the Superior Court in Martinez. Liberation Law Group has experience in both courts. Call 1-888-442-2642.
How long do I have to report workplace sexual harassment in Alameda or Contra Costa?
You have 3 years from the most recent act of sexual harassment to file a complaint under California’s FEHA. This deadline applies equally throughout the state — including the entire East Bay. For civil sexual assault claims: up to 10 years. Do not assume your deadline has passed without consulting an attorney. Call 1-888-442-2642.
Which industries have the most sexual harassment cases in the East Bay?
In the East Bay we see a high incidence of sexual harassment in: warehouses and distribution centers along the I-880 corridor (Oakland, Hayward, Fremont); restaurants and hospitality in downtown Oakland and Berkeley; manufacturing plants in the industrial East Bay; domestic work in residential areas of Alameda and Contra Costa counties; and the healthcare sector in hospitals such as Kaiser Oakland and Highland Hospital. Call 1-888-442-2642.
Can I sue if the harassment was from a coworker and not my supervisor in the East Bay?
Yes. If you reported the harassment to HR or a supervisor and they failed to act, the employer can be liable. Additionally, if the harassment was so obvious that the employer should have known about it — even if not formally reported — liability may still exist. Employer liability for coworker harassment exists when the employer knew or should have known about the harassment and failed to take reasonably prompt corrective action. Call 1-888-442-2642.
Does an arbitration agreement block my sexual harassment case in the East Bay?
No. The 2022 Federal Law prohibits forced arbitration in sexual harassment and sexual assault cases — regardless of where the harassment occurred. You can choose to go to public court before a jury regardless of any agreement you signed. This protection applies equally in Oakland, Hayward, Berkeley, and throughout the East Bay. Call 1-888-442-2642.
What can I recover in a sexual harassment case in the East Bay?
In California, you can recover: lost wages if you left your job; emotional distress damages with no maximum cap; psychological and medical treatment costs; punitive damages in serious cases; and attorney’s fees paid by the employer. These rights apply equally in Oakland, Berkeley, Hayward, Fremont, and throughout the East Bay. A free evaluation can give you a concrete estimate. Call 1-888-442-2642.
Does Liberation Law Group serve clients throughout the East Bay?
Yes. We represent victims in Oakland, Alameda, Berkeley, Hayward, Fremont, Richmond, and throughout the East Bay. Call 1-888-442-2642.
Liberation Law Group — Employment Attorneys for Workers, 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in Spanish — No Obligation — No Fee Unless We Win
