After investing years of rigorous training and significant personal sacrifice to become a medical professional, you reasonably expect a safe, supportive workplace in which to apply your skills. However, your dreams could be crushed when you find yourself a victim of sexual harassment, either by your employer or a higher-up at work.
Fortunately, California statutes like the Fair Employment and Housing Act (FEHA) prohibit workplace sexual harassment. If you have experienced any form of sexual harassment, you can contact us at the Sexual Harassment Attorney today to receive compensation from your harasser for what they might have put you through. Call us today to find out how we can help you.
The Definition of Sexual Harassment Under California Law
Sexual harassment is a form of employment discrimination prohibited by California’s Fair Employment and Housing Act (FEHA) and by Title VII of the Civil Rights Act of 1964.
Under the Fair Employment and Housing Act, sexual harassment is described as any unwelcome or lewd
physical or verbal advances directed at someone with whom the perpetrator has a relationship in a professional setting.
Anyone, regardless of their gender, can face sexual harassment. Sexual harassment is often common among people who share a workplace, such as colleagues. However, it could also occur when the victim and their harasser have a professional relationship, such as a doctor or psychologist and their patient. This case is regulated under professional‑conduct statutes BPC 726, BPC 2960, and BPC 2960.1, respectively.
Although unlawful harassment need not be motivated by sexual desire, it should be ‘because of’ a protected characteristic—such as sex (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, or sexual orientation—regardless of the harasser’s motive. Perpetrators could also be of the same gender as their victims.
Sexual harassment is prevalent across workforces. However, the National Sexual Violence Resource Center reports that 14 percent of men and 38 percent of women report sexual harassment in their workplace. Sexual harassment can cause the victims emotional distress, dissatisfaction in their jobs, and issues with their physical and mental health.
FEHA sets high standards for employers in California, and the state’s Department of Fair Employment gives easy access to victims of sexual harassment and helps them file sexual harassment or discrimination complaints against their employers.
Also, under the California Business and Professions Code § 726, acts of unprofessional conduct, including sexual abuse or even consensual relations with a client, patient, or customer, are prohibited.
In California, when a physician, surgeon, licensed midwife, or any health professional is alleged to have committed sexual harassment, the Medical Board of California (MBC) may investigate. Allegations against psychologists, however, fall under the jurisdiction of the Board of Psychology and are governed by Business and Professions Code (BPC) 2960 and 2960.1. According to BPC 2960 and 2960.1, registered psychology associates and licensed psychologists can face disciplinary action, including facing charges or license suspension/revocation, for sexual misconduct.
Types of Sexual Harassment By Doctors, Psychiatrists, or Psychologists
Even though there are many types of sexual harassment, the State of California has categorized sexual harassment into two distinct categories:
- Hostile work environment
- Quid pro quo
Quid Pro Quo
Quid pro quo is a Latin phrase that means ‘a favor for a favor’ or a favor given in exchange for something of equal value. In the context of workplace sexual harassment, quid pro quo occurs when a higher-ranking individual at the workplace, such as a supervisor, requests sexual favors from their subordinate in exchange for a job promotion, better working conditions, or other benefits.
It can also occur when it is stated or implied that an employee must engage in sexual acts with their employer to retain their position at work. For example, if a psychologist implies to an intern that continued placement at the facility depends on engaging in sexual acts, the intern is a victim of quid pro quo harassment.
Hostile Work Environment
This sexual harassment happens when unwanted sexual conduct or comments create an abusive, hostile, or threatening work environment and affect your work performance. The perpetrator in this case could be anyone, from an employer to a co-worker. Examples of acts that qualify as promoting a hostile work environment are:
- Displaying sexually explicit pictures, posters, or calendars in a workplace that interferes with how employees perform their duties
- Constantly touching an employee in an unwelcome or suggestive way
- Pervasive or repeatedly winking at, flirting, staring at a colleague or employee in a manner that any reasonable person would find offensive
- Any abusive, intimidating, or threatening conduct that exceeds the boundaries of casual humor, or being rude
- An employee is forced to leave their job because of the intolerable workplace conditions
The Responsibility and Liability of Employers in California
California’s harassment laws, under the Fair Employment and Housing Act (FEHA), generally apply to employers with five or more employees. However, certain harassment provisions may apply to all employers regardless of size. These laws require that employers take necessary action to stop harassment from happening in their organizations.
Under California sexual harassment laws, employers are responsible for any acts their managers or supervisors commit. If an employer does nothing to fight harassment or tolerates acts that subject their employees to a hostile work environment, they can face a sexual harassment lawsuit.
The grounds for liability in sexual harassment cases arise when the employer knew or should have known that the harassment was happening and did not take any action to correct it. They should stop and immediately correct any acts of discrimination and encourage a harassment-free workplace.
Filing a Sexual Harassment Lawsuit Against Your Harasser
To file your sexual harassment case, you need to show proof that the act was unwelcome and occurred due to your sexual orientation, gender identity, or sex. Also, the act must have been pervasive or serious enough to make the work environment hostile or result in quid pro quo. You should also show that your employer knew about the harassment and did not take any necessary action to resolve these issues.
Below are steps you can take before filing a sexual harassment lawsuit:
Read Your Organization’s Sexual Harassment Policy
If your employer has published a sexual harassment policy in your workplace, you can review it and then take the necessary action. Be sure to record your allegations against your harasser in writing.
Submit Your Complaint to Your Human Resources Department
Before filing a lawsuit, you should report what you have been experiencing to HR. You should then follow the established processes for reporting the incident.
Record Every Incident as You Remember It
You should record every incident that you believe qualifies as sexual harassment. You can include locations, dates, times, witnesses, and the incident. Save any emails, call logs, or text messages you can use as evidence against the perpetrator.
Hire a Professional Sexual Harassment Attorney
Sexual harassment claims are complicated and involve state and federal laws. You need a California sexual harassment attorney to analyze your case and guide you on the best way forward. Your employer could have their lawyer represent them against what you allege, and you should not proceed with your case without legal advice. Your attorney can help you file your complaint and ensure you do not make any mistakes during the filing process.
Do Not Post Anything Regarding the Case on Social Media
You may be tempted to shame or expose your harasser on social media, but you should not. Whatever you post on social media cannot remain confidential. The harasser’s defense team could use your posts to weaken your claim.
Internal Investigation
The HR department should investigate the allegations to determine their validity. They can interview the accused party, gather evidence, and take the necessary actions to correct the issue.
If they fail to resolve the issue internally, you can file your complaint with the EEOC. You can do this online, in person, or by mail. After filing, the EEOC will begin its investigations into your claim. As part of their investigation, they can request information about the incident from your employer, cross-examine witnesses, and review necessary documents. The commission can propose mediation between you and the harasser to resolve any issues. If the parties in the claim agree to resolve their problems, a mediator will set up settlement discussions where the harasser can agree to compensate you for their actions.
However, when the EEOC does not resolve your claim, it can grant you a right-to-sue letter, allowing you to take the matter to court.
You can also file your claim with the California Civil Rights Department, a state regulatory body that protects California employees from discrimination in the workplace. If your employer violated your civil rights, the CRD can seek damages. You can file with the CRD by mail, phone, or online.
Filing a complaint with the California Civil Rights Department (CRD) is typically dual-filed with the U.S. Equal Employment Opportunity Commission (EEOC) under their work-sharing agreement. However, if you file first with the EEOC, your claim is not automatically forwarded to the CRD unless you specifically request dual-filing.
Once you have obtained a right-to-sue letter, the lawsuit will typically follow the steps below:
Filing Your Claim
You can file your claim in state or federal court, depending on the details of your case.
The Discovery Stage
The discovery phase involves both parties exchanging evidence and information about the case. This phase can include interrogations, dispositions, and requesting documents that could help build the case.
Pre-Trial Petitions
Either party can file petitions to resolve specific issues before the trial begins.
Settlement Negotiations
During this process, both the plaintiff and their harasser can choose to settle and avoid the trial.
The Trial
Once the case proceeds to trial, the parties must present their arguments and evidence before a jury or the judge in a bench trial.
The Verdict
Once the court has heard your case, the jury or judge will give their verdict. If you win the case, the court will decide how much compensation you will receive from the other party.
The outcome of the lawsuit may vary depending on the case. However, the court mainly includes:
-
Compensation for the Plaintiff
You can be awarded damages for your experiences at the workplace. The court can also award your employer punitive damages to punish them for their negligent conduct or for perpetrating sexual harassment offenses.
-
Reinstatement
If you had lost your job after experiencing sexual harassment at your workplace, the court could order your employer to reinstate you to your former position at work.
-
Payment of Legal Fees
The court could also order your employer to pay your legal costs, including your attorney’s fees.
The Statute of Limitations For California Sexual Harassment Cases
In California, victims have three years from the last incident to file a sexual harassment claim. This statute of limitations grants victims enough time to seek compensation from their harassers.
Before Assembly Bill 9 was implemented in January 2020, the statute of limitations for sexual harassment cases was one year. However, this short time limit made it hard for victims to process their experiences, collect evidence, and prepare their lawsuits. Unfortunately, this extension does not cover cases when the one-year statute of limitations was still in effect.
Also, there are other exceptions in sexual harassment cases that do not follow the three-year statute of limitations. These exceptions include:
- Complaints against government organizations—Cases against government bodies must be submitted within 6 months of the last incident
- Sexual abuse cases—Different rules apply to sexual abuse victims, and these cases often have extended time limits for survivors to file their cases
- Cases involving minors—If the sexual harassment victim is a minor, the court could extend the time limit until the minor turns 18
- Delayed discovery—Some victims might not realize that what they are going through at work constitutes sexual harassment until later. The court could extend the statute of limitations and allow them to file within a specific period after discovery
- Continuous harassment—The statute of limitations can start after the last act of harassment if it has been or is still going on for some time
Defending Yourself Against Employer Retaliation
Sexual harassment victims in the medical field often fail to report their experiences because they are afraid of retaliation and end up missing out on the opportunity to file a claim before the statute of limitations expires. Fortunately, employees in California have certain protections against retaliation under FEHA. FEHA encourages employees to report any sexual harassment case without being afraid of retaliation.
Some ways in which employers can retaliate include:
- Micromanagement
- Unethical disciplinary actions
- Poor performance reviews
- Excluding an employee from training opportunities or meetings
- Denying an employee a promotion
Compensation and Damages in a Sexual Harassment Lawsuit
When a plaintiff wins a California sexual harassment lawsuit, they could be eligible to receive compensation that will cover:
Lost Wages
Lost wages can include benefits or salary payments you lost at work because of the harassment.
Emotional Distress
The court can also order the other party to compensate you for any stress, mental anguish, pain, or suffering their actions might have caused.
Medical Costs
You could also receive compensation for any medical expenses you incurred after the sexual harassment.
Punitive Damages
The court can award punitive damages if it finds that your employer’s conduct was oppressive or malicious. Punitive damages are awarded to deter future misconduct.
Seeking Legal Help For Your Sexual Harassment Claim
Victims of sexual harassment could have a hard time figuring out the procedures and laws that surround these acts. Luckily, they can seek the help of sexual harassment attorneys with the knowledge and experience of dealing with such cases. A sexual harassment lawyer can help you to:
- File your claim before the three-year time limit expires
- Assess your cases’ strength and determine your chances during the trial
- Manage the case and offer you relief from dealing with your harasser directly
- A lawyer can also help you collect and prepare the required evidence so that you are ready for court
Does My Employer Need to Have a Policy on Sexual Harassment?
DFEH requires all California employers to have a written policy on sexual harassment, discrimination, and retaliation prevention. If the organization or workforce has above 10 percent non-English speaking workers, the employer must translate the policy into the workers’ native language or languages.
The sexual harassment policy must be in writing, and the categories of individuals the law protects from discrimination must be listed. A class of protected individuals consists of people the law protects because of a certain shared characteristic. These characteristics can include:
- Race
- Age
- Gender identity
- Gender
- Ancestry
- Sexual orientation
- Gender expression
- Mental disability
- Genetic information
- Religion
- Physical disability
- Marital status
- Medical condition
- Veteran and military status
Employers must also ensure their employees have basic information about sexual harassment by issuing them a copy of DFEH’s Brochure 185.
Find a Sexual Harassment Attorney Near Me
Sexual harassment affects the lives of victims and can cause them mental and physical effects. Some victims struggle with different forms of Post Traumatic Stress Disorder (PTSD) even after the harassment stops. If you are a victim of sexual harassment by a doctor, psychiatrist, or psychologist, you must ensure that your harassers are brought to book and that you receive the justice you deserve. If you lost your job after reporting the harassment, you have grounds for pursuing a lawsuit for both sexual harassment and retaliation from your employer.
At the Sexual Harassment Attorney, we are experienced in taking on sexual harassment cases and helping victims receive compensation from their harassers. We believe employers should provide safe and favorable working conditions for their employees regardless of gender, sexual orientation, or even race. Contact our law office at 800‑905‑1856 to initiate a lawsuit or schedule a consultation.
