Sexual harassment in the workplace refers to unwanted sexual advances, demands for sexual favors or other verbal or physical conduct of a sexual nature that foster a hostile, intimidating or offensive work environment. This conduct may also involve quid pro quo situations, where job benefits or promotions are tied to the acceptance of such behavior. Sexual harassment is a violation of both federal and California workplace laws.
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Alan Cohen Law
Sexual Harassment
San Francisco Sexual Harassment Attorney
Every person has the right to work in an environment where they feel safe, comfortable, and respected. When that right is violated through sexual harassment, it can be devastating.
If you are being sexually harassed at work, the Law Offices of Alan F. Cohen can help. We understand the trauma that comes with being made to feel uncomfortable or even unsafe in your own workplace. Our approach incorporates an approach known as trauma-informed legal advocacy. We work hard to create a safe, respectful, and compassionate space in which you will be heard. We help hard-working people navigate California’s complex employment laws to pursue justice. If you feel that you are experiencing sexual harassment on the job, turn to a law firm you can trust.
Identifying Sexual Harassment
While sexual harassment can come in many forms, California’s employment laws recognize two main types of illegal sexual harassment and workplace discrimination:
Quid pro quo This type of harassment is described by a Latin phrase meaning “this for that.” Quid pro quo harassment involves making an employee feel obligated to comply with a sexual act or behavior in exchange for receiving benefits or avoiding punishment in the workplace.
Hostile Work Environment A hostile work environment is created when an employee is subjected to harmful treatment because of sex that is severe or pervasive. The employee may feel threatened, intimidated, and frightened. Some examples of behaviors that can create a hostile work environment include:
- Making discriminatory comments based on sex, gender, or appearance
- Inappropriate and unnecessary touching
- Sexually offensive jokes or comments
- Displaying offensive pictures
- Using crude language
Any of these or similar activities could give rise to a hostile work environment. Sexual harassment is not any one type of behavior and may take many forms. If you feel unsafe or mistreated at work because of sex, our experienced San Francisco employment law attorney may be able to help you take action.
Proving a Sexual Harassment Case
Not all abusive behavior is considered “actionable.” You must be able to show that the mistreatment is related to your sex (or other protected characteristic – for example, harassment because of a disability is also illegal). In order to file a sexual harassment claim, employees must be able to show evidence of the following.
- The conduct was because of the employee’s sex.
- The conduct was unwelcome by the employee.
- The conduct was severe or pervasive enough that any reasonable person in the same position would also find the circumstances hostile, intimidating, offensive, or abusive.
Analyzing and prosecuting these cases can be extremely complicated. For example, employers often claim the harassment was “welcome” because the employee felt forced to play along or did not complain. This argument ignores the real world, in which employees may lack the power or agency to act differently. Sophisticated counsel experienced in these areas know how to navigate such issues and advocate for the employee.
We empower our clients to tell their true story and give them the support and the tools to allow their voices to be heard. Employees should seek legal representation as soon as they can. Your attorney can help you create a record of the unlawful behavior and take the steps necessary to best protect your rights. Employers have Human Resources departments to protect themselves, not necessarily to protect their employees. You should have someone on your side who can protect your interests. We can show you how to document the harassment in detail to have proof that it occurred and how to avoid missteps that can weaken your position.
Contact an Experienced San Francisco Harassment Attorney Today
If you are dealing with sexual harassment in the workplace, get help immediately. The Law Offices of Alan F. Cohen offer free initial consultations and will help you explore your legal options, including filing a claim or lawsuit. Reach out to us today to get started.
FAQs About Sexual Harassment in California
What Should I Do After Experiencing Sexual Harassment?
The first step is to document everything. Write down specific dates, times, locations and details of each incident. Report the harassment to your manager, HR department or any designated authority at your workplace. If your complaint is ignored or inadequate action is taken, consulting with an experienced attorney can help you determine the next steps and hold your employer accountable.
What Evidence Should I Include in a Sexual Harassment Case?
Evidence for a sexual harassment case may include written documentation of incidents, emails or messages exchanged with the harasser, witness accounts from colleagues and formal complaints filed with HR. Proof of retaliation, changes in job responsibilities or a reduction in pay stemming from your complaint can also strengthen your case.
How Can an Attorney Help Me with a Sexual Harassment Claim?
An attorney can guide you through the claims process, ensuring compliance with all legal and procedural requirements. They can advise you on documenting incidents, represent you during investigations or negotiations, and help you pursue compensation or remediation through litigation if necessary. Your chances of achieving a favorable outcome increase with legal representation.
Can I File a Claim for Experiencing a One-Off Incident of Harassment?
You may be able to file a claim for a one-off incident of harassment, depending on the severity and circumstances. While repeated incidents often establish a pattern of harassment, a single incident can still be actionable if it is particularly severe or indicative of an overall hostile work environment. For example, a single event involving extreme or explicit behavior may demonstrate an unacceptable workplace culture. An attorney can help you assess whether the incident meets the legal criteria for a claim and determine a feasible course of action.
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Alan F. Cohen
San Francisco Employment Lawyer
Alan F. Cohen
Alan F. Cohen
For 25 years, Alan Cohen has provided fierce advocacy and sophisticated employment representation to San Francisco and Bay Area employees. Mr.Cohen has recovered millions of dollars in damages, negotiated hundreds of severance and employment agreements, and protected the jobs and rights of all kinds of workers. From fast-food workers to CEOs, he has dedicated his career to protecting employees at every level. Mr.Cohen’s deep knowledge of employment law and creative, committed advocacy give his clients an edge in any dispute. It doesn’t matter who the opponent is. He regularly represents and counsels employees throughout California against the biggest law firms and corporations in the world.
“I am so grateful that I reached out to Alan when I did. I was
pushed out of my last job and about to accept a measly severance
when a friend of mine referred me to Alan. I wasn’t sure if I had a
case, but after reviewing the materials I sent to him he assured me
that we could get more than what was being offered…”
Candace L.
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Hear From Actual Clients
I was incredibly fortunate to have found attorney Alan Cohen during an extremely stressful employment dispute. He was extremely knowledgeable about employment law, always kept me informed and guided throughout the process, and fought tirelessly to secure a positive outcome for my case. His professional demeanor and genuine concern for my situation made a difficult time much more manageable. I would highly recommend him to anyone facing an employment issue, his expertise and guidance are unsurpassed. If you are still searching for “the best attorney” don’t waste any more precious time, call Alan.
I cannot tell you what a relief it was working with Alan! Legal situations are never fun, but Alan helped me feel less anxious and was totally transparent throughout our time together. When things became confusing and complicated, I really felt like Alan took the time to patiently explain how everything worked, and he was exceptional at managing expectations. The entire process was as pain-free as these types of things can be, because Alan is incredibly professional, highly respected, and just exceptional at the work he does. From the beginning, Alan kept me in the loop around timelines and potential...
Alan is a consummate professional, if you are looking for an employment attorney look no further he is the best of the best. Alan will walk you through the various potential outcomes and properly set expectations with you, he takes the time and explains what things mean from a legal perspective and then provides the best legal advice. Legal matters are often stressful events but you can rest assured that Alan will be providing you the best Legal representation possible.
The best employment attorney. Alan knows the law but is very practical. Talk to him first before you make any move with a present or past employer.
Alan is an expert in the field of employment law and I witnessed him navigate the nuances of a difficult discrimination case. The resolution was as best as could have been hoped for but not before he put in many hours of thought and rigor. I strongly recommend his advice and help in gender and disability discrimination cases in particular. You'll feel like you have an honorary law degree after he imparts his wisdom, expertise, and experience in your employment situation. He empowered his client to feel in control, resilient and made her feel like she could take on the...
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