Best Sexual Harassment Lawyers in San Jose

1. About Sexual Harassment Law in San Jose, United States

Sexual harassment is illegal under both federal and California law. In San Jose, employees are protected from harassment by supervisors and coworkers in the workplace. Federal law, primarily Title VII of the Civil Rights Act, applies to employers with 15 or more employees across the United States, including California.

California’s Fair Employment and Housing Act (FEHA) provides broader protections for California workers, applying to most employers in the state. FEHA prohibits harassment based on sex, gender identity, sexual orientation, pregnancy, and related attributes. San Jose employers must comply with FEHA in addition to any applicable federal protections.

Sexual harassment in the workplace can create a hostile environment or involve quid pro quo scenarios. Federal guidance from the EEOC and state guidance from the DFEH provide detailed information on what constitutes harassment and how to respond.

2. Why You May Need a Lawyer

Even in San Jose, handling sexual harassment claims can involve complex rules about timing, evidence, and remedy. A qualified solicitor can help you navigate both federal and state processes and protect your rights.

• Quid pro quo harassment by a supervisor who withholds a promotion or pay rise unless you accord favors. A lawyer can document the behavior, assess liability, and advise on internal and external remedies.
• Persistent harassment by a coworker that creates a hostile work environment, despite internal complaints. An attorney can help escalate the matter to HR, DFEH, and EEOC as appropriate and pursue remedies.
• Retaliation after reporting harassment, such as discipline, demotion, or termination. Legal counsel can evaluate retaliation claims and preserve evidence for possible enforcement actions.
• Harassment involving confidentiality concerns or surveillance in a San Jose workplace. A solicitor can assess privacy rights, data handling, and potential civil claims.
• Harassment in a San Jose-based tech company with remote workers or multiple offices. An attorney can coordinate between local counsel and federal/state processes and advise on venue for claims.
• Harassment targeting protected classes (gender identity, sexual orientation, pregnancy). A lawyer can help determine applicable statutes, reachable remedies, and strategic filing options.

3. Local Laws Overview

San Jose operates under federal protections and California state law for sexual harassment. Here are the core legal authorities you should know by name, along with their general role and relevance to San Jose employers and employees.

• Title VII of the Civil Rights Act of 1964 - 42 U.S.C. § 2000e-2. Prohibits employment discrimination and harassment based on sex across the United States. Applies to employers with 15 or more employees and is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Effective since 1964.
• California Government Code § 12940 et seq. (Fair Employment and Housing Act, FEHA) - Prohibits harassment, discrimination, and retaliation in employment in California. Applies to most California employers and includes protections for sex, gender identity, pregnancy, sexual orientation, and more. FEHA enforcement is handled by the California Department of Fair Employment and Housing (DFEH). FEHA has been amended over the years to expand protections, including recognition of gender identity and sexual orientation as protected classes.
• AB 1825 (Supervisor Harassment Prevention Training) - Requires supervisory personnel in California to receive sexual harassment prevention training. Enacted in 2004 and implemented to improve employer responses to harassment in workplaces with 50 or more employees. Training cycles and requirements have evolved with updates to implement broader protections and ongoing compliance obligations for employers in San Jose and throughout California.

For authoritative details on these statutes and their current implementations, consult the following official resources:

California FEHA protections are described by the California Department of Fair Employment and Housing (DFEH). See DFEH.

Federal guidance on Title VII and sexual harassment is provided by the U.S. Equal Employment Opportunity Commission (EEOC). See EEOC - Sexual Harassment.

For legislative texts and updates, you can review California Government Code sections and AB 1825 on official government sites such as Legislature.ca.gov and the EEOC/DFEH pages cited above.

4. Frequently Asked Questions

What counts as sexual harassment under FEHA in San Jose?

Sexual harassment under FEHA includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. The conduct must be sufficiently severe or pervasive to create a hostile or abusive work environment or to result in an unwanted employment decision.

How do I report harassment at work in San Jose?

First, document every incident in detail. Then report the behavior to your human resources department or supervisor. If the employer fails to address the issue, you can file complaints with the DFEH or EEOC for formal investigation.

When can I file a complaint with the DFEH in California?

A complaint to the DFEH is typically the next step after internal reporting if the harassment continues or the employer does not remediate. Deadlines vary by case, so consult an attorney promptly to preserve rights.

Where can I find help if my employer retaliates after I complain?

Retaliation is itself a reportable act under FEHA and Title VII. An attorney can help you document retaliation, pursue remedies with the employer, and file additional claims with the relevant authorities.

Why do I need a lawyer for a harassment case in San Jose?

A lawyer helps gather evidence, clarify legal options, communicate with employers, and navigate the administrative processes with DFEH or EEOC, increasing the likelihood of a favorable resolution or litigation strategy.

Can I sue for harassment in San Jose if the employer is small?

Federal Title VII generally covers larger employers, while FEHA covers many California employers of various sizes. A lawyer can assess whether your claim falls under federal, state, or local protections and advise on next steps.

How long do I have to file a harassment claim in California?

Statutes of limitations vary by claim type and agency. In many cases, individuals pursue FEHA complaints within one year of the incident to start the process. Consult a solicitor to confirm deadlines for your situation.

What is the difference between harassment and discrimination?

Harassment is a form of discrimination based on protected characteristics that creates a hostile work environment or results in adverse employment actions. Discrimination can include broader acts like unequal pay or promotion decisions tied to protected status.

Do I need to pay upfront for a harassment lawyer in San Jose?

Many employment lawyers offer free initial consultations and may work on a contingency or hourly basis. Discuss fee structures during your first meeting to understand potential costs and options.

How much compensation could I recover in a harassment case?

Damages can include back pay, front pay, emotional distress, medical costs, and in some cases punitive damages. The amount depends on the facts, liability, and evidence, and is determined through negotiation or litigation.

Is online harassment covered under FEHA in California?

Yes. FEHA protections cover harassment that occurs online or via electronic communications if it creates a hostile work environment or affects employment actions in California.

Should I go through the EEOC or the DFEH first?

This depends on your situation and timing. The EEOC handles many federal claims, while the DFEH handles state law claims. A lawyer can help decide the most effective path or coordinate concurrent filings.

5. Additional Resources

• U.S. Equal Employment Opportunity Commission (EEOC) - Provides federal guidance on sexual harassment, intake processes, and enforcement options. Website: eeoc.gov.
• California Department of Fair Employment and Housing (DFEH) - State agency enforcing FEHA and handling harassment complaints within California. Website: dfeh.ca.gov.
• California Courts Self-Help Center - Official resources for California residents seeking information on court processes and legal procedures. Website: courts.ca.gov.

6. Next Steps

1. Document the harassment events in detail as soon as they occur, including dates, times, locations, people involved, and any witnesses.
2. Identify your goal and gather key evidence such as emails, messages, witness statements, and HR communications.
3. Consult a San Jose based solicitor who specializes in harassment law within 2-4 weeks of the incident to preserve rights and assess options.
4. If you choose to proceed, determine whether to file with DFEH, EEOC, or both, and follow the agency timelines with your solicitor’s guidance.
5. Request a formal internal investigation from your employer while preparing for external filings if the internal process is inadequate.
6. Prepare a plan for remedies, including continued employment, compensation for damages, or settlement terms, with your attorney.
7. Attend initial consultations and plan for potential timelines, including investigation durations and potential court filings, with realistic expectations.