Best Sexual Harassment Lawyers in San Rafael

About Sexual Harassment Law in San Rafael, United States

Sexual harassment is a form of unlawful discrimination that occurs in the workplace, schools, housing, and other settings. In San Rafael, located in Marin County, California, sexual harassment is strictly prohibited by both federal and state laws. These laws are designed to protect individuals from unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature that can create a hostile, intimidating, or offensive environment. California laws are particularly robust in protecting victims and enforcing employer responsibilities.

Why You May Need a Lawyer

If you have experienced sexual harassment or have been accused of sexual harassment in San Rafael, consulting with an attorney can be a crucial step. Common situations where legal help is beneficial include:

• Your employer failed to take appropriate action after you reported harassment
• You are experiencing retaliation for reporting or participating in an investigation of sexual harassment
• You are unsure how to document or report incidents of harassment
• You need guidance on filing a complaint with a government agency or pursuing a lawsuit
• You have been accused of sexual harassment and need to protect your rights and reputation
• You are an employer or manager seeking to properly investigate and address harassment claims

An experienced attorney can help protect your rights, ensure correct procedures are followed, and seek appropriate remedies or defenses.

Local Laws Overview

Sexual harassment in San Rafael falls under several legal frameworks, primarily dictated by California state law and federal law. Key aspects include:

• California Fair Employment and Housing Act (FEHA): Prohibits sexual harassment in the workplace and applies to employers with as few as five employees. Includes requirements for anti-harassment policies and training.
• Title VII of the Civil Rights Act of 1964: Federal law prohibiting workplace sexual harassment, applying to employers with 15 or more employees.
• California Civil Code Section 51.9: Extends protections against sexual harassment in business, service, and professional relationships outside the workplace.
• Mandatory Training: California requires employers with five or more employees to provide sexual harassment prevention training every two years.
• Agency Complaints: Victims can file complaints with the California Civil Rights Department (CRD, formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
• Local Ordinances: Marin County may impose additional requirements, and some city or county offices provide local support for victims.

Employers are required to take reasonable steps to prevent and promptly correct harassment. Victims are protected against retaliation for reporting or participating in investigations.

Frequently Asked Questions

What qualifies as sexual harassment in San Rafael?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, written, visual, or physical conduct of a sexual nature that creates a hostile or offensive environment or leads to employment decisions based on submission to such conduct.

What should I do if I experience sexual harassment at work?

Document the incidents in detail, report the harassment to your employer or HR department as soon as possible, and keep records of your reports and any responses. If the issue is not resolved, consider filing a complaint with a government agency or consulting an attorney.

Can I file a claim for sexual harassment if I no longer work for the employer?

Yes, you can still file a claim after leaving your position, but you must adhere to time limits (typically one to three years from the last incident, depending on the agency and nature of your claim).

Is my employer required to have a sexual harassment policy?

Yes, California law requires employers with five or more employees to have a written sexual harassment policy and provide training to all employees.

Can I be fired for reporting sexual harassment?

It is illegal for an employer to retaliate against an employee for reporting sexual harassment or participating in an investigation. Retaliation can also be a basis for additional legal claims.

What types of damages might I recover in a successful sexual harassment case?

Possible damages include back pay, reinstatement, emotional distress compensation, punitive damages, and attorney's fees. The specifics depend on the details and outcome of the case.

Do I need evidence to make a sexual harassment claim?

While evidence such as emails, texts, witness statements, or documented incidents can strengthen your case, lack of direct evidence does not prevent you from filing a claim. Your testimony is also important.

How long do I have to file a sexual harassment complaint?

In California, you generally have three years to file a complaint with the California Civil Rights Department after the last act of harassment. For federal complaints with the EEOC, the time limit is usually 180 to 300 days.

What is the process for filing a sexual harassment complaint in San Rafael?

Normally, you first file with either the CRD or the EEOC. The agency will investigate, may attempt mediation, and could issue a right-to-sue letter if resolution is not achieved. Your attorney can help guide you through this process.

Are there free or low-cost resources available for sexual harassment victims?

Yes, several government agencies and non-profit groups offer support, information, and sometimes legal assistance to victims of sexual harassment.

Additional Resources

• California Civil Rights Department (CRD): State agency for workplace and housing discrimination complaints.
• Equal Employment Opportunity Commission (EEOC): Federal agency for employment discrimination claims.
• Marin County District Attorney's Office: Provides additional guidance and may offer victim support resources.
• Legal Aid of Marin: Offers legal assistance for residents of Marin County.
• YWCA San Francisco & Marin: Supports victims of discrimination, harassment, and abuse.
• Rape, Abuse & Incest National Network (RAINN): National helpline and resources for sexual abuse and harassment survivors.

Next Steps

If you believe you are experiencing or have experienced sexual harassment in San Rafael, take these steps:

1. Document every incident of harassment and any steps you have taken to address it.
2. Report the conduct to your employer, supervisor, or HR department, following company procedures.
3. Seek support from trusted colleagues, friends, or advocacy organizations.
4. Consider contacting the California Civil Rights Department or the EEOC to discuss your options for filing a complaint.
5. Consult with a local attorney experienced in sexual harassment law to review your situation in detail and discuss your legal options.
6. Take care of your emotional and mental health throughout the process by seeking support from counselors or appropriate organizations.

Remember, you have legal rights and protections in San Rafael. Reaching out for legal advice promptly can help ensure those rights are preserved and enforced.