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How Do I File A Sexual Harassment Lawsuit In California?
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Filing A Lawsuit For Sexual Harassment In California
Sexual harassment is a widespread problem that impacts people in different environments, including workplaces. In California, sexual harassment is deemed discriminatory and is prohibited by law. Those subjected to sexual harassment have the right to take legal action against their offenders and strive for redressal of the harm inflicted upon them.
Understanding Sexual Harassment
Sexual harassment is a discriminatory behavior that encompasses unwarranted sexual advances, propositions for sexual favors, or any other verbal or physical behavior of a sexual nature. Such conduct can lead to a hostile or offensive work environment, hindering the victim’s job performance. Sexual harassment takes various forms, including remarks, actions, physical touch, or even sexual assault.
The California Fair Employment and Housing Act (FEHA) makes it illegal to sexually harass an individual in a workplace. In California, employers have a legal responsibility to ensure that the workplace environment is free of sexual harassment and should take swift and suitable corrective measures in case of any incident.
Filing A Complaint With The Department Of Fair Employment And Housing (DFEH)
To initiate a lawsuit for sexual harassment, the victim needs to file a complaint with the Department of Fair Employment and Housing (DFEH) in California. The complaint must be filed within one year of the occurrence of the alleged harassment and should include the victim’s name, contact information, the employer or the alleged harasser’s name and contact details, a detailed account of the sexual harassment, including the time and place of the occurrence, and an explanation of how it has affected the victim’s work environment.
After receiving the complaint, the DFEH will conduct an investigation into the allegations to ascertain whether there is enough evidence to support a sexual harassment claim. If sufficient evidence is found, the DFEH may sue the employer on behalf of the victim, or the victim may receive a “right to sue” notice enabling them to initiate a lawsuit in court.
Filing A Lawsuit For Sexual Harassment
If the victim is granted a “right to sue” notice by the DFEH, they have the option to file a sexual harassment lawsuit in court. However, before filing a lawsuit, the victim must hire a qualified sexual harassment attorney who can provide guidance throughout the legal process.
The sexual harassment attorney will assist the victim in preparing and submitting the required documents to the court, such as the complaint and summons. The complaint must contain a detailed description of the alleged sexual harassment and the damages that the victim has suffered due to the incident.
Following this, the defendant, usually the employer or alleged harasser, will have the chance to respond to the complaint by filing an answer with the court. The defendant may choose to deny the allegations or present a defense, arguing that the conduct was not severe or frequent enough to constitute sexual harassment.
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Steps To File A Sexual Harassment Lawsuit After Receiving A “right to sue” Notice
If you have received a “right to sue” notice from the DFEH, it means that you have completed all the necessary administrative steps, and you are now eligible to pursue legal action in court. If you decide to file a lawsuit for sexual harassment in California, the following are the steps you should take:
Hire An Experienced Sexual Harassment Lawyer
To initiate a sexual harassment lawsuit, the first crucial step is to engage the services of a competent attorney who specializes in handling such claims. This lawyer will provide you with legal advice, assist you in understanding your rights and obligations, and offer guidance throughout the legal process. Additionally, they will help you in building a robust case by gathering evidence, interviewing witnesses, and presenting arguments that support your claims.
Prepare And File The Complaint
After retaining legal counsel, the next step is to work with your attorney to draft and submit a complaint to the court. This document serves as a formal legal statement of the allegations of sexual harassment and the damages that you have experienced as a result of the harassment. To create a strong complaint, your attorney will work with you to provide specific details of the alleged harassment, such as the names of the harassers, the dates and times the harassment took place, and the negative effects that it had on your work environment.
Serve The Complaint On The Defendant
Once the complaint has been filed with the court, it is necessary to serve it on the defendant. The defendant, usually the employer or the alleged harasser, will then have a designated amount of time to respond to the complaint. According to California law, the defendant must respond within 30 days of being served with the complaint.
Conduct Discovery
The process of discovery is crucial in building a strong case, as it involves the exchange of information and documents between the plaintiff and defendant to gather evidence to support their case. Additionally, during the discovery process, witnesses may be deposed, which involves questioning them under oath, in order to obtain their testimony.
File And Argue Motions
During the course of the legal proceedings, either party may submit motions to the court at different stages to obtain a decision on a particular matter. For instance, the defendant may file a motion to dismiss the case, while the plaintiff may file a motion seeking summary judgment.
Participate In Mediation
Prior to proceeding to trial, the plaintiff and defendant may choose to engage in mediation, which is a voluntary process where an impartial mediator assists in facilitating negotiation between the two parties to arrive at a settlement. This approach can be a practical and efficient method of resolving a sexual harassment case, as it can reduce the cost and time required for litigation.
Go To Trial
In case the parties cannot settle the case through mediation or any other alternative method, the case will proceed to trial. At trial, the plaintiff will have to provide evidence to support their claim, while the defendant will present evidence to counter the allegations. The judge or jury will then decide the final verdict of the case.
Contact Los Angeles Sexual Harassment Lawyers
Finding the right legal representation for a sexual harassment case can be a challenging task. However, the experienced team at Los Angeles Sexual Harassment Lawyers is here to offer assistance. Our attorneys are dedicated to fighting for the rights of victims of sexual harassment and obtaining the justice and compensation they deserve.
Our team is aware of the sensitive and delicate nature of these cases and provides compassionate and personalized legal services. With years of experience in handling sexual harassment cases in California, our attorneys have a proven track record of success in obtaining favorable outcomes for our clients.
We are committed to paying attention to every detail of your case and providing thorough preparation, no matter how complex the situation may be. Our attorneys will investigate your case, gather evidence, and build a strong case to ensure you get the justice and compensation you deserve.
At Los Angeles Sexual Harassment Lawyers, we offer a free consultation to discuss your case and provide honest and straightforward advice on your legal options. If you choose to work with us, we will handle your case with professionalism, keeping you informed and involved throughout the legal process.
Do not let your rights be ignored or suffer in silence. Contact Los Angeles Sexual Harassment Lawyers today to schedule your free consultation and start your journey toward justice and healing.
Have you been the victim of sexual harassment in Los Angeles?
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The Time to Act is Now
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
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Complete The Form Or Call – (888) 310-2470
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