The ABC’s of Sexual Harassment Litigation

When you have been the victim of workplace sexual harassment you need to take action quickly in order to preserve your rights. You might know that there are state and federal laws against harassment, but understanding how those laws apply to your situation and where to turn for help can be confusing. The Blackman Legal Group has the experience and expertise to help you with your claim for workplace harassment. We can help you file your claim with the proper agency and, where appropriate, file a civil lawsuit on your behalf. Below, we have provided a glossary of some of the agencies and laws that generally affect claims for workplace harassment. For information on how these laws and agencies affect your claim please contact us.

AG – The Attorney General’s office publishes the Women’s Rights Handbook. It is a summary of women’s rights in important areas such as employment, economic independence, education, housing, health care, domestic relations, violent crime, and childcare.

ADA – The American with Disabilities Act (42 U.S.C. 1211 et seq) provides protection to disabled employees.

ADEA – Federal Age Discrimination Act (29 U.S.C. 621 et seq) protects employees over the age of 40 from discrimination based on age.

ADRA– The Alcohol and Drug Rehabilitation Act (ADRA, Lab. Code 1025) provides protection to employees with substance abuse problems.

California Constitution – Article I, Section 8 of California’s Constitution states that a person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, national or ethnic origin.

California Department of Industrial Relations, Division of Labor Law Enforcement – This department addresses issues involving equal pay, sexual orientation, discrimination and Family School Partnership Act Claims.

DFEH – The California Department of Fair Employment and Housing is the department charged with overseeing violations of California state employment law. It has offices in Bakersfield, Fresno, Los Angeles, Oakland, Sacramento, San Bernardino, San Diego, San Francisco, San Jose, Santa Ana, and Ventura. The toll free number is 1-800-884-1684. The department does not act as your representative. It is a neutral fact finding agency. The attorneys who work for the agency represent the Department not you, the complainant, although you will receive any remedies recovered (with the exception of the administrative fines which are paid to the state).

EEOC – The Equal Opportunity Employment Commission addresses violations of federal employment law. The EEOC is similar to the DFEH in that the agency lawyers do not represent you; rather they work for the EEOC. As the complainant, you can receive remedies (such as back pay) through an EEOC action, but fines are paid to the State not to you. Listings for local EEOC offices can be found in the white government agency pages of pages of the phone book.

FEHA – The Fair Employment and Housing Act (12900 et seq) is the California law that deals the most directly with employment discrimination. It generally covers employers with 5 or more employees, with an exception made for harassment. Employers with 5 or more employees are prohibited from discriminating on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (such as controlled cancer), martial status, sex or age (40 years or older). Employers with one or more employees are prohibited from harassing. Religious associations or corporations not organized for private profit are not employers under FEHA.

Proposition 209 – Also known as the California Civil Rights Initiative prohibits the state from discriminating against or granting preferential treatment to any individual or group based on race, sex, color, ethnicity or national origin in the operation of public employment, public education, or public contracting.

Right-to-Sue Letter – This is a letter you must obtain before you can file a civil lawsuit under Title VII or FEHA. You do not need a right-to-sue letter to file a civil law suit for tort claims such as assault. To obtain a right-to-sue letter you must file an administrative charge with either the EEOC or California’s DFEH. There are strict time lines for filing charges and initiating a civil lawsuit. You should contact an experienced attorney immediately if you believe you have been subjected to sexual harassment or abuse or other forms of employment discrimination.

Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000 et seq) – Title VII applies to employers with 15 or more employees. It outlaws employment discrimination based on race, color, religion, sex or national origin. If the employer receives federal funds, it is also prohibited from discriminating on the basis of physical and mental disability.

U.S. Department of Labor, Office of Federal Contract Compliance/Employment Standards Administration – This office deals with employment discrimination by federal contractors. Listings for local offices can be found in the white government agency pages of the phone book.