Sexual Harassment v. Gender Discrimination

The California Fair Employment and Housing Act (FEHA) and the United States Federal law in Title VII of the Civil Rights Act (Title VII) prohibit gender discrimination in the workplace and harassment based on the sex of an employee. Harassment is conduct that is not necessary for the performance of a supervisory job, but is instead outside  Read More …

How Much Time Do I Have to File a Sexual Harassment Lawsuit?

The sexual harassment statute of limitations in California is that a victim must file a charge of discrimination with the Department of Fair Employment and Housing (DFEH) within ONE YEAR from the date of the last incident of sexual harassment. The victim then has the option to ask the DFEH to investigate the claim or  Read More …

Common Mistake #11 – Not Getting an Attorney Involved Early in the Process

Victims often wait too long to get an attorney involved in their sexual harassment case. It is best to get an attorney involved in your case as early as possible. Attorneys will often make a demand for settlement before the victim files an administra tive complaint with the Department of Fair Employment and Housing (DFEH)  Read More …

Common Mistake #9 – Failing to File an Administrative Complaint in Time

As a prerequisite for a lawsuit for sexual harassment in California, a potential plaintiff is required to get a right to sue letter from either the DFEH or the EEOC. If an administrative claim to the DFEH or the EEOC is not filed within the time period provided by the applicable statute of limitations, then  Read More …

Common Mistake #7 – Not Understanding Retaliation

   It is illegal for an employer to retaliate against a sexual harassment or discrimination victim for filing a charge with the DFEH or EEOC, participating in a sexual harassment investigation, or opposing discriminatory practices. If, for example, an employee makes a claim of sexual harassment that does meet the legal criteria of being sufficiently  Read More …

Common Mistake #4 – Failing to Follow-Up After Complaining to the Employer

   After an employee makes a complaint to his or her employer regarding sexual harassment, the employer is required to take action. The California FEHA states that employers must take all reasonable steps to prevent unlawful harassment. California and federal law requires that an employer must take remedial action in response to a report of sexual harassment.  Read More …