Sexual Harassment: How to Use FEHA & Unruh Act to Seek Justice

If you have been the victim of sexual harassment in California, you have numerous ways to take legal action. an experienced sexual harassment attorney at The Skapik Law Group can fight for you.

California law provides you with remedies that you can pursue when you have been subjected to sexual harassment in a number of settings, including on the job. You would be faced with the choice of whether to file a lawsuit in federal or state court. An Inland Empire sexual harassment lawyer could review your case and the law and advise you where it is best for you to seek justice and accountability.

Schedule a free initial consultation with an Inland Empire sexual harassment lawyer at The Skapik Law Group. We can help you take aggressive legal action to seek compensation for the harm that was done to you.

California Laws That Support Sexual Harassment Lawsuits

If you are a victim of sexual harassment either on the job or in other contexts, you have several ways to seek compensation for the harm that you have endured. You could file a lawsuit against your employer under federal or California law. In some cases, California law may offer you even broader protections than federal statutes.

There are two primary California laws that make sexual harassment illegal:

• The California Fair Housing and Employment Act makes sexual harassment on the job illegal
• The Unruh Civil Rights Act makes sexual harassment illegal in other contexts, when there is an imbalance of power between the harasser and the victim

Filing a Lawsuit Under The FEHA

The FEHA applies to California employers who have five or more employees working for them, although an employee can file a harassment claim even if they are the only person working for the employer.  The law prohibits harassment against an employee who is a member of a protected class. Sex, gender and sexual orientation would make you a member of a protected class.

There are two types of sexual harassment that are prohibited under the FEHA:

• Quid pro quo harassment is when someone demands sexual favors in exchange for a job benefit or not taking punitive action against you
• A hostile work environment occurs when there is unwelcome conduct of a sexual nature that creates an intimidating, offensive, or abusive work environment that significantly interferes with an employee’s ability to perform their job tasks.

Before you are able to file a lawsuit under the FEHA, you would first need to file an administrative complaint against your employer with the California Civil Rights Department. They would review your claim and decide whether to file a lawsuit on your behalf. If they will not take your case, you would be free to file a lawsuit against your employer in state court once you receive a Notice to Sue, which is often your preferred outcome in a sexual harassment case. The Civil Rights Division could also try to get involved in your case by mediating the dispute.

Filing a Lawsuit Under the Unruh Civil Rights Act

There may be instances in which you have been subjected to sexual harassment, although it did not occur within the context of an employment relationship. Nonetheless, there may be someone who you can hold accountable for the illegal conduct that you endured. Some examples of relationships that could lead to sexual harassment claims under the Unruh Act include:

• Landlord–tenant relationships
• Teacher–student
• Doctor–patient
• Business–client

Each of these relationships have some type of power imbalance that gives one person a type of control over the other. That person would exploit their power to sexually harass the victim.

The Unruh Act gives you a private right of action that would allow you to sue the harasser or the employer for whom they worked (assuming that the harassment occurred during the scope of their employment duties). You would not have to first file a claim with a California civil rights Department before you proceeded to court.

If you are able to successfully file a sexual harassment lawsuit, you may be eligible for a substantial amount of financial compensation. A settlement or a jury award in a sexual harassment lawsuit could pay you the following:

• Lost wages
• Emotional distress
• Punitive damages
• Attorneys’ fees

Contact an Sexual Harassment Law Firm Today

If you have been subjected to Illegal conduct, either on the job or in a situation where someone has power over you, seek legal help from an experienced sexual harassment lawyer at The Skapik Law Group – We serve clients in Riverside County, San Bernardino, Los Angeles and Orange County. You can schedule a free initial consultation by filling out an online contact form or by calling us today at (909) 398-4404.