California Harassment Lawyers

California law protects you, as an employee, from any unwelcome conduct based on a protected characteristic that creates a hostile, intimidating, or offensive work environment.

How to Tell Unlawful Harassment is Happening to You?

Most employers are savvy enough to know that they cannot get away with outright harassment so they may be harassing you in a variety of less obvious ways or make you feel like you are over reacting when you are being harassed.

Some Examples of Unlawful Harassing Behavior:

• Offensive jokes, slurs, or derogatory remarks 

• Unwelcome physical contact 

• Creating a hostile work environment 

• Sexual harassment, which is defined as unwelcome sexual advances, or other visual, verbal, or physical conduct of a sexual nature

Types of Protected Characteristics and Classes:

If you belong to one of these protected characteristics and/or classes and you feel that you have been harassed at work because you belong to it, we may be able to help:

• Age (over 40)

• Race (including traits historically associated with race, such as hair texture and protective hairstyles)

• Color

• Religion (including religious dress and grooming practices)

• Sex/gender (including pregnancy, childbirth, breastfeeding, and related medical conditions)

• Reproductive health decision-making

• Gender identity, gender expression

• Sexual orientation

• Marital status

• Medical condition (including genetic characteristics, cancer, or a record or history of cancer)

• Military or veteran status

• National origin (including language use and possession of a driver's license issued to persons unable to prove their presence in the United States is authorized under federal law)

• Ancestry

• Disability (mental and physical, including HIV/AIDS, cancer, and genetic characteristics)

• Genetic information

• Request for family care leave (FMLA/CFRA)

• Request for leave for an employee's own serious health condition

• Request for Pregnancy Disability Leave

• Retaliation for reporting patient abuse in tax-supported institutions

• Criminal background (Fair Chance Act)

At times, an employer can make you feel that you aren’t a “team player” if you do not take this discrimination, so it is important that you document what is happening, make a written complaint, and speak with an attorney if you believe you are being discriminated against.

You May be Entitled to Damages if You are a Victim of Discrimination

Damages available to victims of workplace harassment will vary depending on the type of harassment and the extent of harm the harassment caused, so it is important that you speak with an attorney when you feel that you are being harassed at work.

Awarded monetary damages may include:

• Back Wages (the amount of money an employer owes an employee for work that was performed but not properly compensated. Back wages can include: Unpaid wages or salary; Unpaid overtime; Unpaid bonuses or commissions; Unpaid statutory benefits, like paid vacation or sick leave.)

• Front Pay (when reinstatement or other remedies aren't possible, for example if there's no available position or the employee's relationship with the employer would be antagonistic. You can be paid the difference between your current pay (if a new job is found) and what you would have earned in your position lost due to discrimination.)

• Lost higher income from a denied promotion or raise

• Lost Medical benefits

• Lost Pension benefits

• Unpaid Bonus payments

• Pain and suffering (for emotional distress damages)

• Equitable remedies (such as rehiring of the employee, though it is rare for victims of harassment to have a desire to return to a hostile work environment.)

• Punitive damages as a way to punish an employer for particularly egregious wrongdoing.

• Attorneys Fees and Costs

If you believe you are being harassed at work, it is important that you speak with an attorney as soon as you believe you are being discriminated against. Contact us or call us at (626) 432-5422 for a free consultation.