Best Sexual Harassment Lawyers in Marina del Rey

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V. James DeSimone Law
Marina del Rey, United States

Founded in 2015
English
V. James DeSimone Law is a Southern California practice dedicated to civil rights, employment law, and catastrophic personal injury litigation. Led by V. James DeSimone, the firm draws on more than 30 years of trial experience to pursue justice for individuals whose rights have been violated or who...
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1. About Sexual Harassment Law in Marina del Rey, United States

Sexual harassment in the workplace is illegal under both federal and California state law. In Marina del Rey, most private employers follow two main frameworks: federal Title VII protections and California’s Fair Employment and Housing Act (FEHA). Federal law generally applies to employers with 15 or more employees, while FEHA covers a broad range of California employers and workplaces. Title VII and FEHA (Government Code sections 12940 et seq.) provide remedies such as damages, back pay, reinstatement, and injunctions for victims.

Under FEHA, harassment can be quid pro quo or a hostile work environment, and it may involve supervisors, coworkers, or even third parties who interact with the employee. California law also prohibits retaliation against someone who complains about harassment or assists in an investigation. For residents and businesses in Marina del Rey, these protections apply regardless of the employer’s size in many situations. DFEH guidance on sexual harassment explains how harassment is defined and what remedies may be available.

California law requires employers to prevent harassment and to take prompt action when it occurs, with remedies available to victims.

For practical purposes in Marina del Rey, violations can arise in hotels, restaurants, marinas, retail shops, and service businesses where employees interact with customers or vendors. It is important to document incidents, identify witnesses, and preserve communications that may support a claim. See official guidance from the U.S. Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing for specifics on definitions and remedies. EEOC harassment guidance · DFEH sexual harassment.

2. Why You May Need a Lawyer

Hiring a lawyer can help you understand complex filing deadlines and the right forum for your claim. In Marina del Rey, specific scenarios often require professional guidance to protect your rights.

  • A supervisor pressures you for a date in a Marina del Rey hotel where you work, offering advancement in exchange for sex. An attorney can assess whether this is quid pro quo harassment and help you pursue FEHA claims and potential remedies.
  • You experience repeated sexual comments from coworkers in a Marina del Rey restaurant, creating a hostile environment that affects your performance and well-being. A lawyer can help you gather evidence, determine the proper claims, and pursue damages.
  • You report harassment to HR and face retaliation, such as demotion or disciplinary notes. An attorney can document retaliation and seek protective remedies under FEHA and relevant wage-and-hour laws.
  • You are an independent contractor or vendor harassed by a supervisor in a Marina del Rey business. California FEHA can cover harassing conduct in certain employer-employee relationships; counsel can determine the best path for relief and potential court actions.
  • You work in a fast-paced service setting with digital harassment by a supervisor or coworker, including text messages and social media messages. A lawyer can help preserve digital evidence and translate it into a viable claim.
  • You are pregnant or disabled and subjected to harassment or discriminatory treatment in a Marina del Rey workplace. An attorney can argue FEHA protections extend to pregnancy and disability status and seek appropriate remedies.

3. Local Laws Overview

The following laws and regulatory frameworks are the backbone of sexual harassment protections in Marina del Rey, with citations to official sources for further detail.

  • Title VII of the Civil Rights Act of 1964 - Prohibits workplace harassment based on sex in employers with 15 or more employees. Enforced by the U.S. Equal Employment Opportunity Commission (EEOC). See EEOC statute overview.
  • California Fair Employment and Housing Act (FEHA) - Prohibits harassment, discrimination, and retaliation based on sex and other protected characteristics. Enforced by the California Department of Fair Employment and Housing (DFEH). See Government Code sections 12940 et seq.; statute text at Gov Code 12940 et seq.
  • FEHA Training Requirements for Supervisors (AB 1825) - Requires supervisory training on harassment prevention. See Government Code 12950.1 and related legislative notes. Official text: Gov Code 12950.1.
  • FEHA Statute of Limitations for Civil Actions under FEHA - Generally two years from the last discriminatory act for civil actions, subject to specific pleading and filing requirements. See Government Code 12965 and related references: Gov Code 12965.

Recent trends in California emphasize proactive employer training and robust enforcement of harassment protections. For official guidance on how harassment is defined and what remedies are available, refer to the EEOC and DFEH resources linked above. EEOC harassment guidance · DFEH sexual harassment.

4. Frequently Asked Questions

What constitutes sexual harassment under California FEHA in a Marina del Rey workplace?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an employee's work conditions or creates a hostile environment. It can involve supervisors, coworkers, or non-employees interacting with the worker. See FEHA definitions for guidance and examples.

How do I file a sexual harassment complaint in Marina del Rey?

You can file with the California Department of Fair Employment and Housing (DFEH) or pursue a federal charge with the EEOC. DFEH intake is usually online or by mail, with a potential right-to-sue letter if you choose to pursue a civil action. See EEOC time limits for charging rights and DFEH processes for intake.

What is the difference between a hostile work environment and quid pro quo harassment?

A hostile work environment arises from pervasive conduct that creates an intimidating atmosphere. Quid pro quo harassment involves a direct demand for sexual favors in exchange for job benefits. Both are prohibited under FEHA and Title VII.

How much compensation can I recover for harassment in California?

Possible remedies include back pay, front pay, compensatory damages for emotional distress, and injunctive relief. Caps on damages may apply in some cases. An attorney can quantify losses based on your situation and jurisdiction.

How long does it take to resolve a harassment claim in California?

Timeframes vary by forum, case complexity, and whether you pursue internal processes or file with DFEH/EEOC. Administrative investigations often take several months; civil actions may take a year or more depending on court schedules.

Do I need an attorney to file harassment claims in Marina del Rey?

While you can file some claims on your own, a lawyer helps with strategy, evidence gathering, and negotiations. An attorney can coordinate with DFEH or EEOC and advise on pursuing civil action if needed.

How do I prove harassment occurred if there are few witnesses?

Document dates, times, and exact statements; preserve emails, texts, or social media messages; collect witness contacts; and note any impact on your work performance and mood. Legal counsel can help evaluate admissible evidence.

Are non-employees like clients or vendors protected from harassment by FEHA?

FEHA protections can cover harassment by non-employees in certain contexts when their conduct affects an employee in the workplace. A lawyer can assess whether your situation falls under FEHA or federal Title VII coverage.

What is the filing timeline for a FEHA claim in California?

Filing timelines vary by forum. EEOC charges typically must be filed within 180 days, extended to 300 days if a state agency is involved. FEHA civil actions generally require filing within two years after the last act of harassment.

What remedies are available if I win a harassment case in Marina del Rey?

Remedies may include back pay, front pay, reinstatement, compensatory damages for emotional distress, and injunctive relief. Attorneys may also seek attorney fees and costs depending on the case.

Can I report harassment anonymously in Marina del Rey?

You can file complaints with DFEH or EEOC, but most remedies require identifying the complainant. Anonymous inquiries may lead to limited or preliminary investigations, with further cooperation required for formal action.

What if the harassment happened years ago, can I still pursue a claim?

It's important to consult an attorney, as time limits apply. FEHA claims generally have a two-year window for civil actions after the last act, but there are circumstances that can affect deadlines. Early legal guidance is essential.

5. Additional Resources

  • - Federal agency enforcing Title VII in the workplace. Useful for charging timelines, intake processes, and federal remedies. Website: eeoc.gov · Los Angeles district office: eeoc.gov field office.
  • - State agency enforcing FEHA protections, handling harassment complaints, investigations, and equity guidance. Website: dfeh.ca.gov · Sexual harassment information: dfeh.ca.gov/sexual-harassment.
  • - Official court system for filing civil actions in the County of Los Angeles, including FEHA related matters. Website: lacourts.org.

6. Next Steps

  1. Assess your situation and identify the type of harassment you faced (supervisor vs coworker vs third party) to determine the proper legal path.
  2. Document every incident with dates, times, locations, witnesses, and preserved messages or emails; keep a secure copy in case you file a claim.
  3. Decide whether to pursue internal processes (HR or management) or file with DFEH or EEOC; note typical filing windows and rights-to-sue timelines.
  4. Consult with a qualified employment law attorney in the Los Angeles area who handles FEHA and Title VII cases, and discuss cost structures and expected timelines.
  5. Prepare your evidence packet with a lawyer to evaluate possible remedies, including back pay, front pay, damages, and injunctive relief.
  6. File a charge or complaint as advised, and maintain ongoing documentation of any retaliation or future harassment during investigation.
  7. Discuss settlement options and potential court actions if the investigation does not resolve your claims, and set realistic expectations for timelines and outcomes.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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