Dealing with sexual harassment in the workplace can be emotionally painful, financially stressful and physically dangerous. This type of abuse often stems from a power imbalance, where one person uses their power or position to control or intimidate others. No worker should ever have to put up with sexual harassment in their place of work. That is why Jillian Fairchild founded Fairchild Employment Law: to protect victims, support survivors, and hold employers and perpetrators accountable.
If you are experiencing sexual harassment at work in San Diego County, our law offices offer a free case evaluation to discuss your options. Our sexual harassment lawyers can explain your right to a safe workplace and help you pursue meaningful change through the legal system. Discrimination or harassment based on sex, gender identity, or sexual orientation is unlawful, and you deserve answers to your questions and clear legal advice.
Why Choose Fairchild Employment Law?
- Before starting Fairchild Employment Law, Jillian Fairchild was a defense lawyer for 15 years. This experience gives her insight into how companies protect their organization, money, and reputation. She has a deep understanding of employer defense tactics that she can use to secure the best possible case outcome for you.
- Our sexual harassment lawyers understand how intimidating it can feel to come forward with allegations against a powerful employer or large organization. Many people hesitate to come forward because of fear, shame, or retaliation, especially when the perpetrator holds authority. We guide clients step by step, helping restore balance where a power imbalance once existed.
- We operate on a contingency fee basis, meaning there are no upfront fees. You only pay if we recover money for you through a settlement or verdict. This allows victims and survivors to pursue a lawsuit without worrying about legal costs.
How a Sexual Harassment Lawyer Can Help
Our experienced workplace sexual harassment attorneys can make your legal experience simple, effective, rewarding, and as stress-free as possible. You are already going through enough when faced with unlawful acts of sexual harassment or discrimination at work. Hire an attorney to handle the complex legal process for you for peace of mind.
A skilled employment law attorney can stand up to a powerful employer or organization, investigate harmful behavior, and take action against the perpetrator. In some cases, this includes filing a formal complaint or pursuing a lawsuit in civil court. If your situation involves physical harm, we can also coordinate with a sexual assault attorney when appropriate.
What Is Sexual Harassment?
Sexual harassment can refer to any unwelcome sexual advances, requests, remarks, jokes, or conduct that makes your workplace feel like a hostile environment or results in adverse employment actions taken against you. This behavior may be verbal, physical, or visual and often involves an abuse of power.
It goes against federal and state laws to harass an individual because of that person’s sex. Harassment can refer to many forms of verbal, physical, and visual misconduct of a sexual nature or based on a person’s sex. It can also refer to quid pro quo, where an employer or supervisor demands sexual favors in exchange for job benefits or sustained employment.
Examples of Sexual Harassment in the Workplace in San Diego
While predominantly experienced by women, sexual harassment can happen to people of any gender. Victims may face long-term emotional and financial consequences. Harassment may be committed by a coworker, supervisor, or another perpetrator connected to the workplace.
Examples of workplace sexual harassment include:
- Unwelcome sexual advances
- Inappropriate touching
- Sexual assault or attempted assault
- Requests for sexual favors
- Unwanted comments about your appearance
- Sexual jokes, comments, or remarks
- Displaying sexually explicit materials in the workplace
- Sending inappropriate messages or emails
- Retaliation (such as demotion or wrongful termination) for refusing sexual advances
If you feel that you are being sexually harassed or that your workplace environment is hostile, contact our San Diego hostile work environment attorneys without delay for a free discussion about your situation. We will listen to your story, explain your rights, and assess your options for seeking justice.
Your Legal Rights as a Victim of Workplace Sexual Harassment in San Diego
California has some of the strongest anti-harassment laws in the country. Victims have various protections under state law as a victim of workplace sexual harassment. If you or your attorney proves a case against your employer, you may be entitled to financial compensation for related losses, including backpay, interest, punitive damages as punishment against your employer, and job reinstatement, if applicable.
Victims may be able to hold one or more parties accountable in workplace sexual harassment cases in San Diego. Under the rules of the California Fair Employment and Housing Act (FEHA), employers can be held strictly liable (meaning legally and financially responsible) for sexual harassment committed by supervisors or managers in the workplace.
Employers can also be held liable for harassment by coworkers and even non-employees, such as clients, if the employer knew or reasonably should have known about the situation but did nothing to remedy the problem. In addition, you may be able to bring a claim against the individual who sexually harassed or assaulted you.
What Evidence Should I Collect to Prove Sexual Harassment?
The success of a sexual harassment lawsuit in San Diego depends on the strength of the evidence presented by the plaintiff or injured party. You or your sexual harassment attorney will need to preserve and gather key evidence to establish your claim.
This may include:
- Detailed notes describing each incident of sexual harassment with dates, times, and locations
- Statements and accounts from eyewitnesses, such as coworkers
- Medical records for any care or treatments you received from mental or physical health professionals
- Written communications between you, your harasser, and/or your employer
- Written complaints you submitted regarding sexual harassment
- Photographs or videos of any sexually inappropriate behaviors
- Your employment records and wage statements
- Any evidence of retaliation, if applicable
- Documents from investigating agencies, such as the Equal Employment Opportunity Commission (EEOC)
When you hire employment lawyers from Fairchild Employment Law, we can help you preserve the right types of evidence, including subpoenaing documents from your employer or other parties, to build a strong case.
What Should I Do if I Suspect Sexual Harassment in a San Diego Workplace?
If you believe you are a victim of workplace sexual harassment in San Diego, start documenting your experience by taking notes of each incident, keeping relevant messages and emails, and writing down the names of witnesses. Read your workplace’s harassment policy and follow the grievance procedure to report sexual harassment to your employer.
If the company doesn’t do anything about your formal complaint, you can file a complaint with the federal EEOC or the California Civil Rights Department (CRD). Then, contact our law firm to discuss your situation with an experienced employment law lawyer. We help victims take the next steps forward.
Contact Our San Diego Sexual Harassment Lawyers
If sexual harassment at work has created a hostile work environment, affected your work performance, or resulted in a wrongful termination, get guidance from our law firm. We will listen to your story and we will believe you. We can answer your questions and help you determine whether you have a case and explain your rights under California law. Fill out our contact form online or call (619) 306-1454 to get in touch with an experienced sexual harassment attorney in San Diego today.