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San Diego Sexual Harassment Lawyer
If you are experiencing sexual harassment at work in San Diego, you may feel stressed, isolated, or unsure of what to do next. Many victims worry about retaliation, losing their job, or being dismissed if they speak up. Others question whether what they experienced is “serious enough” to count as harassment. California law protects employees from sexual harassment, retaliation, and hostile work environments in both public and private workplaces.
Sexual harassment remains a persistent problem in California workplaces. It can involve obvious misconduct, but it often develops over time through repeated comments, pressure, or behavior that creates a hostile or intimidating environment. In some cases, workplace sexual harassment overlaps with sexual abuse or assault, creating profound emotional harm alongside serious legal consequences.
A San Diego sexual harassment lawyer at Gomez Trial Attorneys can help you understand your rights under California employment law, evaluate your options, and take action safely and strategically. We represent employees—not employers—and we are committed to protecting people who have been mistreated at work.
Free Consultation — No Fees Until We Win.
What Is Sexual Harassment Under California Law?
California and federal law prohibit sexual harassment in the workplace. Sexual harassment generally involves unwelcome conduct of a sexual nature that negatively affects an employee’s work environment, job conditions, or ability to perform their job.
Sexual harassment may exist when conduct:
- Affects hiring, firing, promotions, or job benefits
- Interferes with an employee’s ability to perform their job
- Creates an intimidating, hostile, or offensive work environment
Importantly, harassment does not need to be physical or explicit. It may include verbal comments, visual materials, written messages, or ongoing behavior. Harassment can also be based on sex, gender, pregnancy, sexual orientation, or gender identity.
Types of Workplace Sexual Harassment
Workplace sexual harassment generally falls into two legal categories.
Hostile Work Environment
A hostile work environment occurs when unwelcome conduct is severe or pervasive enough to alter the conditions of employment. This type of harassment often involves repeated behavior rather than a single incident and may include ongoing comments, gestures, messages, or intimidation that make the workplace feel unsafe or degrading.
Quid Pro Quo Harassment
Quid pro quo harassment happens when job benefits or continued employment are conditioned on submitting to sexual conduct. It may also occur when negative consequences follow a refusal. This form of harassment often involves supervisors or managers but can occur wherever there is a power imbalance.
Examples of Sexual Harassment in the Workplace
Sexual harassment can take many forms, and victims do not always recognize that what they are experiencing is unlawful. Common examples include:
- A supervisor implying sexual favors are required to keep a job or receive a promotion
- Unwanted touching, grabbing, or physical contact
- Sexually explicit jokes, comments, or gestures
- Sharing sexual images, emails, or messages at work
- Repeated comments about appearance or body
- Sexist, demeaning, or degrading language
- Retaliation after rejecting sexual advances
Even behavior that some attempt to dismiss as “joking” or “part of the culture” may still violate the law.
Why Many Victims Do Not Report Sexual Harassment
Many employees delay reporting sexual harassment or never report it at all. Fear plays a significant role, particularly when the harasser has authority or influence in the workplace.
Common concerns include fear of retaliation, job loss, damage to professional reputation, or not being believed. Some victims depend heavily on their income, worry about immigration status, or fear being labeled a troublemaker. These concerns are understandable, and California law provides protections designed to shield employees from retaliation when they come forward.
Speaking with a sexual harassment lawyer before taking action can help you understand how to protect yourself.
Employer Liability for Sexual Harassment in California
Employers have a legal duty to maintain a workplace free from sexual harassment. Liability often depends on who committed the harassment and how the employer responded once it knew or should have known about the behavior.
In many cases, employers are strictly liable for harassment committed by supervisors. When harassment is committed by coworkers or third parties, employers may still be liable if they failed to take reasonable steps to prevent or stop the misconduct. Employers may attempt to rely on internal policies or reporting procedures as a defense, which can make these cases legally complex.
An experienced San Diego sexual harassment lawyer can evaluate whether an employer truly acted appropriately or failed to protect its employees.
What Compensation Is Available in Sexual Harassment Cases?
Sexual harassment can result in both emotional and financial harm. Depending on the circumstances, compensation may include:
- Lost wages, back pay, or denied benefits
- Future lost earnings or reinstatement-related damages
- Emotional distress and pain and suffering
- Attorney’s fees and litigation costs
- Punitive damages in cases involving particularly egregious conduct
Some cases also result in workplace policy changes or corrective actions that help prevent future harassment.
Steps to Take After Experiencing Sexual Harassment at Work
If you believe you are experiencing sexual harassment, taking careful steps early can protect your rights.
- Document what happened, including dates, locations, and witnesses
- Save emails, messages, or other evidence
- Report the conduct internally if it is safe to do so
- Avoid resigning or confronting the harasser without legal guidance
- Speak with a sexual harassment attorney as soon as possible
Every situation is different, and an attorney can help you decide what steps are appropriate.
How Gomez Trial Attorneys Helps Sexual Harassment Victims
Gomez Trial Attorneys provides client-first, trial-ready representation for employees who have been mistreated at work. We approach sexual harassment cases with discretion, empathy, and strength.
Our legal team investigates claims thoroughly, preserves evidence, handles communications with employers and insurers, and prepares each case as if it will go to trial. We understand how difficult these experiences can be and work to protect our clients at every stage of the process.
Understanding Sexual Abuse and Related Legal Issues
Workplace sexual harassment can sometimes involve or escalate into more serious forms of abuse. Survivors often have questions about how abuse affects them emotionally, what qualifies as abuse under the law, and what steps they can take to protect themselves or others.
If you are seeking additional information, the following resources may help you better understand these issues:
- How sexual abuse affects the brain and emotional well-being
- What constitutes child sexual abuse under the law
- How to report sexual abuse safely and confidentially
San Diego Sexual Harassment FAQs
What qualifies as sexual harassment at work?
Sexual harassment includes unwelcome conduct of a sexual nature that affects your employment or creates a hostile work environment. It does not need to be physical or explicit, and repeated conduct over time can qualify. Each case depends on the full context.
Can men be victims of workplace sexual harassment?
Yes. Sexual harassment affects people of all genders. California law protects men and women alike, and harassment can involve supervisors, coworkers, or third parties.
Do I have to report harassment to my employer first?
Not always, but reporting can affect how a claim is evaluated. A lawyer can help you decide whether and how to report harassment in a way that minimizes retaliation risk.
What if the harassment involved sexual assault?
Sexual assault at work may give rise to multiple legal claims, including employment and civil actions. An attorney can help explain how these claims overlap and what options may be available.
How long do I have to file a sexual harassment claim in California?
Deadlines vary depending on the type of claim and where it is filed. Speaking with an attorney early helps ensure important deadlines are not missed.
Talk to a San Diego Sexual Harassment Lawyer Today
If you were subjected to sexual harassment in the workplace, you deserve to be heard and protected. Gomez Trial Attorneys is ready to help you understand your options and pursue accountability.
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