Best Sexual Harassment Lawyers in Burlingame

About Sexual Harassment Law in Burlingame, United States

Sexual harassment is a serious violation of both federal and California state law. In Burlingame, located in San Mateo County, individuals are specifically protected under laws that prohibit sexual harassment in workplaces, schools, housing, and public spaces. Sexual harassment is any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile, intimidating, or offensive environment. These protections apply to all people, regardless of gender, and give victims the right to take legal action against harassers and liable organizations.

Why You May Need a Lawyer

Navigating sexual harassment cases can be emotionally and legally complex. You may benefit from hiring a lawyer if you find yourself in any of the following situations:

• You are experiencing unwanted sexual comments, advances, or touching at work, school, or in housing.
• You have reported harassment but your employer, school, or landlord failed to take appropriate action.
• You are worried about retaliation, such as termination, demotion, or other negative consequences after making a complaint.
• You are unsure about your rights or the legal process for filing complaints with regulatory agencies.
• You wish to seek compensation for emotional distress, lost wages, or other damages caused by harassment.

An attorney specializing in sexual harassment cases can help you understand your rights, gather evidence, file proper complaints, and represent you in negotiations or in court.

Local Laws Overview

Burlingame follows the laws set forth by both the state of California and federal authorities regarding sexual harassment. Key laws include:

• California Fair Employment and Housing Act (FEHA) - Prohibits sexual harassment and retaliation in workplaces and housing throughout California, including Burlingame. Covers employers with at least 1 employee, extending protections to independent contractors and volunteers.
• Title VII of the Civil Rights Act of 1964 - Offers federal protections against workplace sexual harassment for companies with 15 or more employees.
• San Mateo County Policies - Local government agencies and schools follow additional policies to prevent and address sexual harassment in public institutions.

Employers and organizations are required to have policies in place to prevent harassment, provide avenues for complaints, and take all reports seriously. Victims have options to file with the California Civil Rights Department (CRD), the Equal Employment Opportunity Commission (EEOC), or directly seek legal action.

Frequently Asked Questions

What qualifies as sexual harassment in Burlingame?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other physical or verbal conduct of a sexual nature that interferes with a person's work, education, or housing, or creates a hostile environment.

Do these laws apply only to women?

No, sexual harassment laws protect all individuals, regardless of gender, gender identity, or sexual orientation.

What should I do if I am being harassed at work?

Document the harassment, report it to your employer or human resources, and contact a legal professional to discuss further options or if your employer does not address your complaint satisfactorily.

Is my employer required to take my complaint seriously?

Yes, under both California and federal law, employers are required to maintain a harassment-free workplace and take swift action to investigate and address all complaints.

Can I be fired for reporting sexual harassment?

It is illegal for employers to retaliate against employees for reporting sexual harassment. If you are fired or suffer negative consequences, you may have grounds for an additional legal claim.

How long do I have to file a complaint?

In California, you generally have three years from the date of the last incident to file a complaint with the California Civil Rights Department. Deadlines may vary for federal claims or specific circumstances.

What type of evidence do I need?

Helpful evidence includes emails, text messages, voicemails, witness accounts, or written accounts of the harassment incidents. An attorney can advise you on gathering and preserving evidence.

Do sexual harassment laws apply to small businesses?

Yes, California law applies to employers with as few as one employee. Federal laws typically apply to those with 15 or more employees.

Can I seek compensation for emotional distress?

Yes, victims may be entitled to damages for emotional distress, lost wages, medical expenses, and more, depending on the case.

Where do I file a complaint?

Complaints can be filed with your employer, the California Civil Rights Department, the Equal Employment Opportunity Commission, or through legal action in state or federal court.

Additional Resources

The following resources are available to individuals facing sexual harassment in Burlingame:

• California Civil Rights Department (CRD) - State agency handling discrimination and harassment complaints
• Equal Employment Opportunity Commission (EEOC) - Federal agency for employment discrimination issues
• San Mateo County Human Resources - County-specific policies and complaint procedures
• Legal Aid of San Mateo County - Free or low-cost legal support for qualifying individuals
• Rape, Abuse & Incest National Network (RAINN) - Crisis support and counseling for harassment and assault victims

Next Steps

If you or someone you know is facing sexual harassment in Burlingame, consider the following steps:

1. Document all incidents of harassment in detail, including dates, times, and any witnesses.
2. Report the harassment to your employer, school, or housing provider according to their policies.
3. Contact a local attorney who specializes in sexual harassment or employment law for a confidential consultation.
4. File a complaint with the California Civil Rights Department or the Equal Employment Opportunity Commission if internal remedies are insufficient.
5. Seek additional support from advocacy organizations and counseling services if needed.

Taking timely action is critical to protect your rights and achieve the best possible outcome. Legal professionals can help evaluate your situation, explain your rights, and guide you through each step of the process.