If you have experienced sexual assault or harassment at work, it is not your fault. The way you dress, talk, or carry yourself has nothing to do with another person’s actions. You are not responsible for another person’s inability to respect your boundaries.
That said, sexual assault cases are challenging, traumatic, and overwhelming. It is important to have an experienced attorney on your side. At Okabe & Haushalter, our Encino & Los Angeles workplace sexual assault attorneys will see you through this difficult time. We understand that the quality of your legal team makes a difference. Your claim rests on the skills and resources of your workplace sexual assault attorney. Call Okabe & Haushalter today and let us secure the compensation you deserve and hold responsible parties accountable.
Oftentimes, clients come to us with a sexual harassment case that is actually more appropriately defined as sexual assault. Under California Penal Code Section 243.3 when a person is forced into sexual acts or contact through coercion or violence this is considered sexual assault. When this happens in the workplace the legalities can become quite complex. There are several things you should do if you have experienced sexual assault in the workplace:
Being sexually assaulted is traumatic but documenting the incident can help build a case against the perpetrator. This is a difficult time and you will need a strong support system to help you through this process. The assailant will need to be held liable for their actions and you will need to be strong during this process. You should have never been put into this situation, to begin with.
It is also important to protect yourself legally when experiencing sexual harassment, oftentimes it harassment can lead to assault. This is why it is important to document everything, keep a journal or notebook that outlines every instance of harassment with dates and times. This will be of great help to build your case. It is important not to store this information in the workplace as someone can find it and maliciously dispose of it in order to protect the perpetrator.
If you are experiencing unwanted advances then you need to make your feelings very clear. Ensure that they know that their actions make you uncomfortable. This way they can not say they did not know your feelings. We understand this can be difficult to do when it is a boss or supervisor. If you are able to, make sure there is a witness present.
Unwanted sexual advances in any capacity should never be tolerated. When they happen at your place of work, the emotional and mental trauma can be compounded. The Fair Employment and Housing Act protect the rights of individuals. Your employer can be held liable if you experience sexual assault or harassment in the workplace. For example;
In 2019, laws against sexual harassment and assault were strengthened so that victims can seek justice. The law now bans forced arbitration as a condition of employment and allows victims more time to file a complaint. The timeframe was moved from one to three years. Depending on the circumstances you may need to file a complaint with the employer prior to filing a complaint with the state. Again, this is not necessary for every case and your Encino & Los Angeles workplace sexual assault attorney can guide you through the process. California legislators are no longer playing games when it comes to sexual assault and harassment victims.
California statute laws depend on a few factors and can be extended in some instances. It is important to consult an Encino and LA sexual assault attorney as soon as possible.
Many people assume they must make an official complaint to their employer or immediate supervisor before filing a claim. However, according to state law, your managers do not have to be made aware of the situation. Sexual assault claims are often complicated. Consult with one of our dedicated attorneys so we may advise you on your unique situation.
If your employer, manager, or supervisor fails to take the proper action after you have made them aware of the incident or incidents, contact our attorneys immediately. You have a right to work in a safe environment. When that safety is violated and ignored, you deserve compensation.
Under California law, the company can be strictly liable if a supervisor was the one who was the culprit of the sexual assault and they knew or could have known. The employer can even be held liable for damages if they did not take any actions to remedy the situation. Victims can also be entitled to the following:
If you or someone you know has experienced sexual assault or harassment at work, our Encino & LA workplace sexual assault attorneys will fight to secure the compensation you deserve. At Okabe & Haushalter, our exceptional legal team has a reputation for aggressive, decisive actions against responsible parties. Contact us for a free consultation of your case today by clicking here or calling 310-430-7799.
