Employment Law Attorney - San Diego
Sexual Harassment & Hostile Work Environments
San Diego Sexual Harassment Lawyer
If you are looking for a San Diego sexual harassment lawyer, the Law Offices of Devon K. Roepcke can help you with your claim. We can also help individuals throughout California with their sexual harassment case.
What is the Law on Sexual Harassment?
Sexual Harassment law in California is based off of federal and state laws, which separate sexual harassment claims into two broad categories, Quid Pro Quo Situations and Hostile Work Environments.
- The first category is what is known as “Quid Pro Quo,” or “This for That.” This situation occurs when an individual in the work place offers an employee some benefit in exchange for a sexual favor, or if an individual denies an employee some benefit unless they provide a sexual favor.
- An example of “Quid Pro Quo” includes employers denying an employee a promotion because they would not engage in sexual activity, employers denying an employee discretionary compensation such as a workplace bonus because they would not engage in sexual activity, or when employers fire an employee for refusing to engage in sexual activity.
- “Quid Pro Quo” situations can apply to all genders under the law.
- Determining if a Quid Pro Quo Situation exists varies on a case by case, and usually both the employer and employee have different opinions regarding whether a Quid Pro Quo Situation occurred.
- If you are an employee who feels that you are in a hostile work environment, and would the like the help of an attorney, the sexual harassment lawyers at the Law Offices of Devon K. Roepcke will be happy to assist you and provided a free consultation to answer any specific questions regarding your situation.
- The second category of sexual harassment in the work place is commonly known as a “Hostile Work Environment.” This situation occurs when an employer creates, or allows, an environment where there is inappropriate behavior that is either severe or pervasive so as to create a hostile environment for one or more employees.
- One example of a Hostile Work Environment is where individuals or supervisors make inappropriate or lewd comments targeted at an employee, or in the presence of an employee, which has resulted in an environment that prevents that employee from full conducting their duties.
- Hostile Work Environments can affect employees of all genders under the law.
- if a Hostile Work Environment exists varies on a case by case, and usually both the employer and employee have different opinions regarding whether the environment is hostile or not.
- If you are an employee who feels that you are in a hostile work environment, and would the like the help of an attorney, a San Diego sexual harassment lawyer at the Law Offices of Devon K. Roepcke will be happy to assist you and provided a free consultation to answer any specific questions regarding your situation.
What are Employee's Options Regarding Sexual Harassment in the Workplace?
- A person who feels they have experienced sexual harassment in the workplace, or a hostile work environment, has one of two options depending on the situation:
- They can file a complaint with the California Department of Fair Employment and Housing (DFEH); or
- They can file a complaint with the federal Equal Employment Opportunity Commission (EEOC).
- Although a lawyer is not required to file a complaint, it is highly recommended that you consult an Employment Lawyer before filing your compliant. Employment Lawyers from the Law Offices of Devon K. Roepcke provide free consultations for those who feel they have been discriminated against in the workplace.
- Once a person has filed a claim with either the California Department of Fair Employment and Housing or the federal Equal Employment Opportunity Commission, a person has two options:
- They can allow the agency that they filed a claim with to do an impartial investigation, look into the complaint, and resolve the matter; or
- They can obtain from one of the agencies a “Right-To-Sue” letter, which allows a person to bring a civil lawsuit against their employer for discrimination. A lawyer is not required for this process; however, Labor Attorneys at the Law Offices of Devon K. Roepcke are trained to assist workers in this complex area of law.
- If you have been sexually harassed, or experienced a hostile work environment, and you want help, a San Diego sexual harassment lawyer at the Law Office of Devon K. Roepcke can provide a free consultation to discuss your case.