Sexual Harassment Defense Attorneys in Temecula, California
In California, an employer could be facing sexual harassment accusations for making unwelcome sexual advances or requesting sexual favors from an employee or applicant. Unfortunately, such an allegation could potentially jeopardize your personal reputation, liberty, career, professional opportunities, and relationships. With your career and future on the line, it is natural to feel terrified.
If you're an employer who has been accused of sexual harassment and want to know how to defend your actions, retaining our skilled California employment law attorneys is crucial for proper guidance. At the Law Offices of Charles P. Boylston, our attorneys have devoted their careers to protecting the best interests of employers who have been wrongfully accused of sexual harassment in the workplace.
As your legal counsel, we will review and investigate all of the facts of your case thoroughly and outline a strong defense strategy in pursuit of the best possible outcome for your unique situation. Using their extensive knowledge, our trusted team will fight vigorously for your legal rights, dispute the allegations against you with factual evidence, and help keep your record as clean as possible.
The Law Offices of Charles P. Boylston proudly represent clients across Temecula, and throughout Southern California, including San Diego, Riverside, Orange, and Los Angeles counties.
Overview of Sexual Harassment
Sexual harassment comprises any unwelcome behavior or conduct that constitutes a sexual nature. It includes requesting sexual favors, making unwelcome sexual advances, inappropriate sexual remarks, unwelcome touching, inappropriate jokes, and other verbal or physical harassment of a sexual nature. Some common examples of sexual harassment at the workplace include:
Asking questions about the sex life of an employee.
Sharing sexually inappropriate videos and pictures, such as pornography with an employee.
Making sexual comments about an employee's appearance, body, or outfit.
Telling sexually offensive (lewd) jokes to an employee.
Gesturing or flirting with an employee.
Making inappropriate sexual gestures.
Making sexual comments or jokes about an employee's sexual orientation or gender identity.
Any employer who engages in any of these unwelcome sexual conduct may be accused of sexual discrimination or harassment by the alleged victim (employee).
Who Can Be a Harasser?
Depending on the surrounding circumstances, any of the following individuals may be a harasser:
Agent of the Employer
A knowledgeable attorney can help investigate the allegations against you, enlighten you about laws addressing sexual harassment, and help determine how to fix or defend your action.
Laws Addressing Sexual Harassment
Here are some laws addressing sexual harassment in California and the United States:
Title VII of the Civil Rights Act of 1964
Under Title VII of the Civil Rights Act of 1964, local government, state government, employment agencies, and private employers with at least 15 employees are prohibited from discriminating on the basis of sex, religion, color, race, and national origin in all aspect of the employment relationship.
California Fair Employment and Housing Act
According to California's Fair Employment and Housing Act, from January 1, 2021, an employer having at least five employees shall provide:
A minimum of one hour of classroom or other effective interactive training and education about sexual harassment to all non-supervisory employees.
A minimum of two hours of classroom or other effective interactive training and education about sexual harassment to all supervisory employees.
The training must be conducted at least once every two years and within six months of their assumption of a position.
However, an employer may be held liable for the actions of their employees who are in supervisory positions or non-supervisory positions, depending on the surrounding circumstances.
Under California law, an employer is automatically responsible for sexual harassment by an employee who is in a supervisory role. Similarly, an employer may be held liable for sexual harassment by an employee who is in a non-supervisory role, if the employer knew or should have known about the workplace sexual harassment but failed to take adequate and prompt corrective actions.
Therefore, once an employer receives a complaint of sexual harassment at the workplace, they must conduct an immediate and fair investigation to determine whether the sexual harassment complaint is justified. An experienced attorney can outline an effective strategy to fix or defend your actions and make sure your actions don't constitute workplace retaliation.
Retaliation involves any adverse action taken by an employer against an employee who filed a complaint regarding sexual discrimination or harassment at the workplace. Such adverse actions may include threatening, demoting, reassigning, or firing the alleged employee. A knowledgeable employment law attorney can evaluate the surrounding facts of your unique circumstances and take the appropriate legal steps to help protect your best interests.
Work With an Experienced
Employer Representation Attorney
A sexual harassment accusation at the workplace could damage an employer's reputation, both professionally and publicly. The alleged victim may also file a sexual discrimination complaint with the Equal Employment Opportunity Commission and California's Department of Fair Employment and Housing (DFEH). Therefore, it is vital that you act quickly and retain our experienced California employer representation attorneys for detailed guidance and to determine the best way to defend yourself or fix the situation.
At the Law Offices of Charles P. Boylston, we're dedicated to offering comprehensive legal guidance, reliable advocacy, and representation to employers in their sexual harassment complaints. As your attorney, we will investigate every aspect of your unique situation thoroughly and strategize an effective defense to fight the allegations against you. Also, our reliable team will fight diligently on your behalf to defend your best interests, attempt to establish your innocence, and prevent any damage to your reputation.
Sexual Harassment Defense Attorneys Serving Temecula, CA
If you have been accused of sexual harassment at work and want to understand your options to fix or defend it, contact the Law Offices of Charles P. Boylston today to schedule a simple case assessment. Our skilled attorneys can offer you the experienced legal counsel and vigorous representation you need in your workplace sexual harassment case. We proudly represent employers across Temecula, and throughout Southern California, including San Diego, Riverside, Orange, and Los Angeles counties.