Gomez Trial Attorneys

San Diego Sexual Harassment Lawyer

San Diego Sexual Harassment Lawyer

  • 550+ Google 5-Star Reviews
  • $1 Billion won over 15 years
  • Won’t settle for low offers, not afraid to fight for max value

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San Diego Sexual Harassment Lawyer

If you need a sexual harassment attorney in San Diego, Riverside, San Bernardino or Imperial County, Gomez Trial Attorneys can help. Attorney John Gomez has close to 15 years experience winning cases for his clients and is dedicated to providing the highest quality legal representation for “ordinary people” who have suffered from workplace sexual harassment, discrimination in the workplace and other wrongful employment practices
Sexual harassment in the workplace is an everyday occurrence in America and can make the work environment a very uncomfortable place to be. In 2004, over 13,000 sexual harassment charges were filed with the EEOC (Equal Employment Opportunity Commission). Over $37,000,000 was recovered for victims of sexual harassment as a result of those charges. Although most sexual harassment cases deal with men harassing female employees, nearly 15% of those charges were brought about by males, so sexual harassment in the workplace is common for both men and women. If you feel you’ve been a victim of workplace harassment, contact San Diego sexual abuse attorney John Gomez for a free consultation. There is no cost or obligation to you and we will even take your case on a contingency basis, meaning you pay nothing unless we win your case.

What is sexual harassment?

According to the EEOC, sexual harassment is defined as:

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment”.

Examples of sexual harassment in the workplace include:

  • A superior implying to an employee that they must sleep with him/her to keep a job.
  • An employee shows explicit photos of women to a male co-worker, making that co-worker feel uncomfortable.
  • A receptionist is made to feel uncomfortable by fellow employees who regularly tell sexually explicit jokes.
  • An employee in the workplace grabs and fondles a coworker against her will.
  • A secretary’s coworkers belittle her and refer to her by sexist or demeaning terms.
  • An employee sends emails to co-workers that contain sexually explicit language and pictures.

The examples above are some of the most common illegal workplace practices involving sexual harassment but there are many others that occur on a regular basis.

How Can an Experienced Sexual Harassment Attorney Assist Victims in Seeking Justice and Compensation?

Navigating the aftermath of workplace sexual harassment is challenging. Sharing your story can be an empowering step towards justice, but having a skilled attorney by your side is crucial in ensuring your voice is heard effectively.

Legal Guidance and Support

An experienced sexual harassment attorney provides invaluable guidance throughout the legal process. They help victims understand their rights and the legal framework surrounding harassment claims. This empowers victims to make informed decisions about their cases.

Crafting a Compelling Case

A seasoned attorney knows how to construct a compelling case. They work diligently to gather evidence, document incidents, and present them in a way that highlights the severity of the harassment. This meticulous approach often proves essential in pursuing justice and compensation.

Advocacy and Negotiation

Attorneys act as strong advocates for victims. They negotiate with opposing parties, aiming to secure fair settlements that reflect the emotional and financial impact on the victim. Their negotiation skills are crucial in reaching outcomes that might otherwise seem unattainable.

Holding Parties Accountable

Beyond compensation, experienced lawyers work tirelessly to hold harassers accountable for their unlawful actions. By taking a firm stance against offenders, they contribute to fostering safer workplaces.

A Step Towards Broader Change

Each case handled by a competent attorney not only seeks redress for the individual victim but also contributes to systemic change. By confronting harassment, they can influence workplace policies on a larger scale, making environments safer for everyone.

Understanding Employer Liability in Sexual Harassment Cases

In the realm of workplace sexual harassment, the legal standards governing employer liability are pivotal in determining the role and responsibility of employers. A landmark decision by the U.S. Supreme Court in the 1998 case Faragher v. City of Boca Raton established criteria central to these considerations.

Affirmative Defense in Sexual Harassment Cases

One significant aspect of this ruling is the introduction of a defense mechanism available to employers. This affirmative defense comes into play when no direct adverse employment action, such as demotion or termination, has been taken against the alleged victim. For an employer to successfully utilize this defense, two critical conditions must be met:

  1. Preventive and Corrective Measures: The employer must demonstrate that it took reasonable steps to prevent and quickly address any instances of sexual harassment. This includes establishing clear policies and procedures designed to mitigate and remedy such behavior.

  2. Employee’s Response: The employee must have unreasonably failed to use the preventive or corrective mechanisms provided by the employer to address the harassment. In essence, if the employer shows it was proactive and the employee did not engage with available resources, the employer may not be held liable.

Implications for the Victim

When employers invoke this defense, the burden shifts significantly to the victim. It becomes essential for the employee to demonstrate that they reported the harassment, that the employer’s response was inadequate or unreasonable, and that they suffered harm as a result. This shift has raised concerns about inadvertently placing blame on victims by requiring them to prove procedural engagement and resultant harm.

These legal parameters create a framework under which both employers and employees must navigate the challenging scenarios of workplace sexual harassment, emphasizing proactive employer behavior and diligent employee reporting.

Understanding Punitive Damages and Their Role in Sexual Harassment Cases

Punitive damages serve as a financial penalty imposed on defendants in legal cases, particularly when their behavior is egregious or reprehensible. Unlike compensatory damages, which aim to cover specific, documented losses experienced by the victim, punitive damages exist to punish and discourage especially harmful conduct.

In the context of sexual harassment cases, punitive damages can be instrumental in deterring similar misconduct by others. These damages are awarded when an individual’s or an organization’s actions are found to be particularly objectionable, necessitating a strong message against such behavior. For example, consider a situation where an employee suffers a violent sexual assault at work. If the employer, despite being informed, fails to take adequate measures—such as ensuring the victim’s safety by altering schedules or work environments—such negligence could lead to punitive damages.

The purpose is clear: to serve as a warning to other companies and individuals that neglecting to act responsibly in preventing and addressing sexual harassment can result in severe financial repercussions. This not only aids the victim in their pursuit of justice but also helps foster safer, more accountable work environments.

If you’ve been the victim of sexual harassment in the workplace, call us now for your free consultation. Gomez Trial Attorneys does not charge any upfront fees to handle your case. A percentage of the case settlement will be paid to us if we win your case, so there is no out of pocket expense to you. We are dedicated to helping everyday people get the compensation they deserve. Contact us now for your free consultation. for more information about sexual harassment legal topics like: what is child sexual abuse, how can you prevent sexual abuse, how sexual abuse affects the brain, and how to report sexual abuse consult the skilled sexual abuse lawyers at Gomez Trial Attorneys.


655 West Broadway, Suite 1700
San Diego, CA 92101

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What We Got

$750,000

Original Offer

$40,000

“During the time I was working with Gomez Trial Attorneys, they treated me very, very well. 100% of the time, they believed me, and they were very compassionate. They felt sorry for what happened and they understood the therapy process.”

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550+ 5 Star Reviews

  • “John helped me find doctors, he referred me to his neurologist, his physical therapist, I mean, anything I needed he was right there, every step of the way. I couldn’t have asked for a better result from all of this, I would absolutely recommend Gomez Trial Attorneys.”

  • “During the time I was working with Gomez Trial Attorneys, they treated me very, very well. 100% of the time, they believed me, and they were very compassionate. They felt sorry for what happened and they understood the therapy process.”

  • “They held my hand the whole time and kept me in the loop every aspect of my case which was very refreshing to me. They helped me get my settlement offer as fast as possible and I was able to keep my farm”

  • “The Gomez experience was the best experience it could be for me really, only positive things to say. They really were there every step if the way. Thanks to Gomez Trial Attorneys my dad is able to support my family as a single father”

  • “He opened the door for me to join his firm to help other brain Injury survivors and I never met another firm who is like this who was so understanding and caring who took the extra step and walked the extra mile with their clients and this is the best”

  • “I am very satisfied with the outcome with Gomez and I would definitely recommend Gomez to anybody, we tell people all the time, Get Gomez! They are really thorough with everything and they make you feel real comfortable.”

  • “Just helped us through, guided us through, I kept notes all those years, we had questions all the time and they would always keep us informed of what was going on. They just unlayered it, layer by layer, I’ve never seen anything like them. Thank God for them.”

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Locations

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San Diego

(619) 237-3490

755 Front Street
San Diego, CA 92101

El Centro

(760) 259-2166

301 S 8 street
EL CENTRO, CA 92243

Solana Beach

(858) 400-4333

603 N. COAST HIGHWAY 101, SUITE G, SOLANA BEACH, CA 92075

Riverside

(951) 355-7770

11840 PIERCE ST. SUITE 200 RIVERSIDE, CA 92505

Temecula

(951) 900-3440

2 Better World Cir, Suite 220, Temecula, CA 92590