Fighting for Your Rights Against Workplace Harassment in California
It is always challenging when you are dismissed from a position. There is always a sense of loss and injustice when this occurs. But what if you have been asked to leave after dealing with prolonged exposure to a hostile work environment? Going to work day after day, leaving your family and home, just to earn a living is difficult enough, but having to do so while also dealing with feelings of fear or pain evoked by a hostile work environment is prohibited by the labor laws of California. Harassment of any kind in the workplace is not tolerated in California. You may have a case for wrongful termination. You don’t have to fight it alone.
If you have faced harassment in the workplace, you need an aggressive and tenacious lawyer to fight for you. California’s labor laws can be confusing and complex. You need an educated and experienced legal team at your side. At Geonetta & Frucht, LLP, you will find the help you require. Our award-winning and experienced employment lawyers will fight aggressively for your rights. We will only quit once you get the compensation you are entitled to. Call our office at 510-250-2743 for a free consultation.
Is it Harassment, or Am I Too Sensitive?
Harassment is behavior which is:
Unwelcome and based upon race, color, religion, sexual orientation, gender identity, sex, pregnancy, national origin, any age over 40, and family medical history.
The behavior becomes unlawful when it is a condition of continued employment, and the conduct is severe or pervasive enough to create a hostile work environment. While this topic is essential and should be taken seriously, it should be understood that petty or slight annoyances and isolated incidences will not rise to illegality under California’s labor laws.
How Does California Employment Law Protect My Rights?
The Fair Housing and Employment Act of California forbids workplace harassment based upon race, color, or religion; national origin, ancestry, or mental or physical disability; medical condition, age, marital status, or sexual orientation; or pregnancy; and sex, gender, gender identity, or gender expression. This means that an employer cannot, under any circumstances, treat you differently from your colleagues based solely on any of these things.
Furthermore, there are multiple federal laws prohibiting workplace harassment. These include:
- The Civil Rights Act of 1964 declares in Title VII that there can be no harassment due to race, sex, national origin, religion, or retaliation for protected EEO activity;
- The Civil Rights Act of 1991 created specific remedies for prevailing parties and prohibited certain discriminatory practices.
- The Americans With Disabilities Act (ADA) and the Rehabilitation Act of 1973 forbids harassment against individuals with disabilities.
- Equal Pay Act (EPA), bans harassment in the payment of wages to men and women when performing equal work in the same establishment;
- Age harassment in Employment Act (ADEA) shields employees age 40 and older from employer harassment in hiring, discharge, pay, promotions, fringe benefits, and other aspects of employment;
How Are Harassment Cases Fought?
At Geonetta & Frucht, LLP, our employment lawyers prefer to avoid a courtroom trial whenever possible by obtaining an out-of-courtroom settlement agreeable to all parties. When this is impossible, we will not settle until you are awarded the damages you deserve. No one should face a hostile work environment. Our employment harassment lawyers will fight aggressively for you. We fight for you.
What Are My Responsibilities in a Trial?
As the complainant, you have specific responsibilities should a trial be held. Primarily, you carry the burden of proof. You must prove through evidence that the agency (your employer) harassed you or failed to protect you from the hostile work environment created by the harassment you were facing and that you are entitled to damages for your case. The burden of proof for a harassment trial differs from a criminal trial. The judge will apply the “preponderance of evidence” standard instead of the standard you may be familiar with from criminal proceedings of “beyond a reasonable doubt.”
The preponderance of evidence refers to how the court considers the evidence presented. The court will deliberate over which evidence produces the stronger impression, is more convincing, and carries more weight. Your employment harassment lawyer will help you obtain, organize, and present your evidence to the court. After the trial concludes, the judge will issue a judgment, and you may be entitled to damages.
What Types of Damages Are Awarded for Harassment?
Every case is different, and therefore, no complete prediction can be made about the outcome of your case. Generally speaking, however, there are two types of compensation often awarded to victims of workplace harassment. They are:
- Compensatory Damages– Compensatory damages pay victims for any out-of-pocket expenses incurred due to the loss of employment. These may include things like expenses for job searches or medical expenses. Compensatory damages also cover things related to the trauma you experience, like mental anguish or loss of enjoyment of life.
- Punitive Damages—Punitive damages are awarded when an employer has been especially malicious in discriminatory actions. They punish the employer for this behavior.
You may be eligible for one or both types of damages based on the evidence presented. We work for you.
When Should I Contact an Employment Harassment Attorney?
No one should have to work in a hostile work environment. If you are the victim of workplace harassment, your employer has broken the law and must be stopped. Call the offices of Geonetta & Frucht, LLP, at 510-250-2743 for your free consultation.
