California LGBT Harassment Attorney
We help put the 'fair' back in 'fair fight.'
Employment harassment can only happen after you have been hired for a job. Workplace harassment is illegal whether you are a full or part-time employee, temporary employee, or contractor. Workplace harassment is illegal regardless of whether it is committed by a coworker, supervisor, manager, business owner, vendor, client or customer.
Harassment is "unwanted conduct" that can include sexual harassment, verbal harassment, physical harassment or assault, including:
- Offense anti-gay jokes and name calling
- Inappropriate touching, grabbing or displays of affection
- Acts of violence, assault, and threats
- Demands for sex
- Being told you are "too gay"
- Being asked sexually explicit questions
- Being told not to discuss your sexual orientation with others
- Being excluded from important meetings or company functions
- Being denied the right to bring your partner to company functions
You do not have to live with workplace harassment. You can take steps to fight violent or offensive treatment on the job. Contact the California LGBT harassment attorneys at The Dolan Law Firm. Put an effective and experienced lawyer on your side in any workplace harassment lawsuit.
San Francisco Workplace Harassment Lawyer
For almost 20 years, California LGBT harassment attorney Chris Dolan has been fighting for LGBT employee's rights and dignity in the workplace. A multi-year "Northern California Super Lawyer" and 2008 winner of the Ally Award by the Transgender Law Center, Mr. Dolan and his team will investigate your case and advise you if you have a valid harassment claim.
Your Employer's Responsibility Under California Law
Under California law, an employer is obligated to take all steps necessary to prevent on-the-job harassment from occurring.
- If the harassing employee IS NOT A SUPERVISOR, the company must have actual knowledge of the harassment before it can be held liable for financial damages. In such situations, the harassing conduct must be so open and obvious that the company should have known about it, or the victim of harassment must have reported it.
- If the employee IS A SUPERVISOR, FOREPERSON, MANAGER, OWNER, DIRECTOR or OFFICER of the company, the company is automatically liable for harassment. That is because the company’s eyes and ears are its supervisors and managers. If they engage in unlawful conduct, it is presumed that the company knows about it.
Filing a Harassment Complaint
Many companies have a system in place for reporting complaints about harassment. Take a look at your employee handbook or at the company’s sexual harassment policy to see who is designated to receive complaints. Then follow your company’s reporting requirements as much as possible. If the harasser is the one you should be reporting to, report it to HR or the harasser’s supervisor.
Reports should be in writing and you should keep a copy for yourself. Keep notes of whom you spoke to, when you spoke to them, and what was said. Identify any witnesses.
If the harassment is so terrible that no reasonable person would continue working at the job, you may find you have to quit. This is called “constructive termination” and you can seek compensation for lost wages. Generally, however, employees cannot quit and sue after a single incident of harassment. The court expects that employees will use all available means to resolve the problem. Only if that fails, and the harassing behavior continues, can the employee quit and seek compensation.
On the other hand, if you are fired because you filed a harassment complaint, the law protects you, and you can seek financial compensation and job reinstatement. You have a right to be free from retaliation if you are trying to exercise your legal rights in the workplace.
If you have suffered harassment because you are part of a protected class (age, race, sexual orientation, gender, disability, etc.), it is a violation of your rights under the Fair Employment and Housing Act. Before you bring a lawsuit to court, you must first file a complaint with the Department of Fair Employment and Housing (DFEH), generally within one year of the incident. Click here for DFEH information and forms. When you work with The Dolan Law Firm, we will complete this step for you.
Contact a San Francisco LGBT Workplace Harassment Lawyer
If you, or someone you know has been the victim of workplace discrimination or harassment, contact a San Francisco employee harassment lawsuit attorney at The Dolan Law Firm to schedule a free initial consultation.
Our lawyers work on a contingency meaning that you pay no fees or costs upfront. If we obtain a recovery on your behalf, we receive a percentage of any recovery we obtain for you. No recovery, no fee.