Sexual harassment lawyer for California, Nevada, and Washington employees

Unwanted advances, a hostile workplace, or a supervisor who ties your job to going along? Freiman Legal represents employees in sexual harassment cases in California, Nevada, and Washington. You speak with the lawyer who will handle your case, not an intake desk. Call (310) 917-1004 or email lawrence@freimanlegal.com for a free consultation.

Two kinds of harassment

Quid pro quo. A supervisor conditions a job, a raise, a shift, or continued employment on sexual conduct. One incident is enough.

Hostile work environment. Conduct because of sex that is severe or pervasive enough to change the conditions of your work: comments, touching, images, propositions, or treatment that a reasonable person in your position would find hostile. It does not have to be sexual in nature; it has to be because of sex. In California, a single incident can be enough if it is severe.

The harasser can be a supervisor, a coworker, a customer, or a vendor. The employer's responsibility depends on who it was and what the employer knew. When a supervisor harasses, California holds the employer strictly liable.

What the law requires of employers

Employers in all three states must take reasonable steps to prevent harassment and to correct it once they know. California requires written anti-harassment policies and harassment prevention training. An employer that ignores a complaint, investigates it in name only, or punishes the person who complained has a second problem: retaliation, which is often the stronger claim.

Coverage

California. The harassment provisions of the Fair Employment and Housing Act apply to every employer, regardless of size, and protect employees, applicants, unpaid interns, volunteers, and some contractors.
Nevada. Nevada's discrimination law covers sex, sexual orientation, and gender identity or expression. Complaints go to the Nevada Equal Rights Commission.
Washington. The Washington Law Against Discrimination treats sexual harassment as sex discrimination, and the injured employee can sue directly.
Federal. Title VII applies to employers with 15 or more employees.

You do not have to quit, and you do not have to have complained first

Two myths keep people from calling. First, that you must have reported the harassment internally. A complaint matters to the employer's defenses in some cases, but it is not a requirement to bring a claim. Second, that you must have left the job. Many clients are still working for the employer when they call. Staying is a decision we help you make with the facts in front of you.

What you can recover

Emotional distress damages, which in harassment cases are often the largest component, lost wages if you were pushed out or lost hours, punitive damages against an employer that knew and did nothing, and attorney's fees. California does not cap these damages.

Deadlines

California. Three years to file with the Civil Rights Department, then one year from the right-to-sue notice.
Nevada. 300 days to file with the Nevada Equal Rights Commission or the EEOC, then 90 days from the right-to-sue notice.
Washington. Six months to file with the Washington State Human Rights Commission, or file suit directly.
Federal. 300 days to file an EEOC charge.

What to do now

Save what you have: texts, emails, photos, schedules, names of witnesses. Write a timeline with dates while you remember them. Do not record conversations without advice; California requires consent of all parties to record a confidential conversation. Call before you resign or sign anything.

Questions people ask

The harasser was fired. Do I still have a case? The firing is the employer's response, not the end of the story. What happened to you before the employer acted, and what the employer knew, still matter.

It was only comments, nothing physical. Comments alone can create a hostile environment if they are severe or pervasive. We evaluate the whole picture.

I signed an arbitration agreement. Federal law now lets an employee refuse arbitration of a sexual harassment claim and go to court instead. Bring the agreement to the consultation.

Can my employer tell people what I reported? The employer must investigate, which means some people will learn of the complaint. Retaliating against you for it is illegal.

Discrimination | Retaliation | Wrongful termination | All employee claims | Lawyers: refer a case

Call (310) 917-1004 or email lawrence@freimanlegal.com. We reply within one business day. Please do not send confidential information until we have agreed in writing to represent you.

Attorney advertising. Prior results do not guarantee a similar outcome.