Sexual harassment is a serious concern in almost every region across California. Professionals of all backgrounds, including financial planners, face sexual harassment and discrimination often. If you have ever experienced sexual harassment at work, you were probably surprised that it happened to you. You could have been frightened, especially if the perpetrator threatened to end your career by refusing to yield to their demands. Perhaps you wondered whether people would believe you if you filed a complaint.
Financial planners have a right to file a lawsuit if they experience sexual harassment or discrimination. At the Sexual Harassment Attorney, we have helped many professionals, including financial planners, file sexual harassment lawsuits. Our seasoned attorneys understand how sexual harassment or discrimination cases work. We have a comprehensive understanding of the courtroom and administrative processes involved. If you or your loved one has suffered sexual harassment and discrimination, you should not hesitate to contact us.
The Financial Planning Industry in California
The financial planning industry has recorded significant growth in the recent past, increasing the job opportunities in the sector. There has been an increase in the number of people working as insurance brokers, sales agents, and other financial planning professionals.
Due to the booming nature of the industry, it offers lucrative earnings and accompanying special privileges. Some employers, or people in management or supervisory positions, can feel entitled to take advantage of their employees. To become a financial planner, you must work hard to obtain a state-issued professional license. Financial planners work as financial advisers, life insurance agents, and stockbrokers. It would be detrimental to have your career at risk just because you refused to give in to your boss’s sexual advances.
The great news is that no person is above the law in California. Any party that commits sexual harassment or other form of workplace discrimination can be liable. Parties who are guilty of sexual harassment can have their practices suspended, pay hefty fines, or serve time in jail.
Understanding Sexual Harassment Under California Law
Sexual harassment has a broad definition that covers a wide range of behaviors. While rape and other unwelcome sexual advances or touching are forms of sexual harassment, the perpetrator’s conduct does not have to be aggressive for charges to apply. There are two main types of sexual harassment in California:
- Quid pro quo.
- Hostile work environment.
The two types of harassment are distinct but have a common characteristic. For behavior to qualify as harassment, it must be unwelcome. You cannot claim that you have suffered sexual harassment if you are comfortable having your supervisor or coworker touch you or make suggestive remarks. A behavior being unwelcome means that you do not want it. It can also imply that you might need to communicate that the behavior is unwelcome. The standard way of expression is to tell the perpetrator you do not like what he/she is doing. Sometimes you do not even have to speak. Your reaction can indicate that what the other person is doing is unwelcome.
The most common form of sexual harassment is a hostile work environment. This form of harassment consists of unwelcome conduct based on gender or sex. The behavior should also be pervasive or severe.
Quid pro quo harassment is a threat or a promise to withhold certain privileges when you refuse to give in to the perpetrator’s sexual advances. Quid pro quo is a Latin phrase that translates to “this for that.” It is a common type of sexual harassment that involves the harasser demanding a sexual favor in exchange for something else. For example, the perpetrator can threaten to withhold a promotion. title/promotion, better work schedule, or compensation. The promise or the threat does not have to be explicit. However, it must be connected to you agreeing to perform an act.
Actions That Qualify As Sexual Harassment
Any behavior or conduct of a sexual nature that results in a hostile work environment qualifies as sexual harassment. The behavior is often hostile, offensive, intimidating, and usually based on a person’s sex. You could be a victim of sexual harassment if you experience any of the following:
- Unwelcome sexual propositions.
- Derogatory comments, jokes, epithets, and slurs.
- Unwelcome physical contact — This can include butt pats, pinching, back rubs, or accidental brushing against sensitive body parts.
- Discussion of sexual acts.
- Offers of promotion or other benefits in exchange for sexual acts.
- Threats to reduce your pay rate, benefits, hours, or impact other employment conditions negatively for refusing to give in to a sexual request.
- Rude or leering gestures.
- Retaliation, including loss of employment benefits, when you file a sexual harassment complaint.
- Blocking or impeding an individual’s movements.
- Sexually degrading words, graphic comments, obscene messages, and sexually suggestive invitations.
California Fair Employment and Housing Act
California’s Fair Employment and Housing Act, abbreviated as FEHA, makes it an offense to harass employees based on color, race, religious creed, ancestry, national origin, physical disability, medical condition, or mental disability. The list includes many other unlawful acts, some that are not based on sex. Therefore, as a financial planner, you are protected by this law if you are experiencing harassment or discrimination in your workplace.
The Department of Fair Employment and Housing abbreviated as DFEH, is responsible for investigating and prosecuting sexual harassment cases. Employers must take the right measures to prevent or correct sexual harassment in the workplace and have a policy addressing the prevention of sexual harassment, workplace discrimination, and retaliation.
Filing a Sexual Harassment Claim
Before you file a sexual harassment case, you must determine whether you have a valid one. This is where an attorney comes in to determine whether you should file a claim. You should involve a sexual harassment attorney early on in your case.
Before you file an administrative complaint or lawsuit, you should have exhausted the other resolution methods. You must first inform your employer about the harassment and give the employer time to correct the situation. However, sometimes, you file a lawsuit against the perpetrator without going back and forth with your employer. How you should go about filing a lawsuit will vary depending on the facts of your case.
You should begin keeping detailed records as soon as you suffer sexual harassment. Keep records of what happened, the person involved,, when, and where the harassment occurred. These records will come in handy when you are filing a claim. The details will serve as evidence alongside any other evidence you preserve in terms of text messages, photographs, emails, and call logs.
The process begins by filing a formal complaint with your employer. The complaint should be written. You will most likely file the complaint through the Human Resources department or your supervisor. When you report a sexual harassment incident, your employer must investigate and correct the situation within the shortest time possible. Your employer could be liable for failing to take action.
You can file a complaint with FEHA if it is evident that you cannot trust your employer to correct the situation. In addition, you can file a complaint directly with FEHA if your employer is already liable for other serious violations. You should seek the help of an attorney before you file a complaint with DFEH. Your attorney will help you create the relevant paperwork and submit it.
DFEH will contact your employer regarding the complaint. Your employer will have an opportunity to respond. Document collection, interviews, and other aspects of investigations will likely follow. If DFEH decides that your employer is guilty or liable, they will seek a settlement with the employer. You can proceed to court if the settlement does not go through.
It is important to ensure that you understand your rights as an employee. This way, you can ensure that your employer does not take advantage of you in case of sexual harassment.
Determining Liability
When filing a sexual harassment lawsuit, it is crucial to determine who is liable for the claim. For example, an individual or a business could be liable. The business owner or corporation might be liable if your employer subjected you to sexual harassment. The employer could still be liable if a supervisor subjected you to sexual harassment. However, if the sexual harassment is from a coworker, whether your employer is liable will depend on whether you filed a complaint with your employer. Your employer could be liable for failing to provide sexual harassment training to employees as required by California law. Employers must place valid sexual harassment prevention policies and distribute them to employees.
Wrongful Termination or Retaliation
When you file a sexual harassment or workplace discrimination complaint, you might end up being fired or wrongfully terminated. This is called wrongful termination. In most cases, employers create unbearable work environments for employees who report sexual harassment or other discrimination. The purpose of the unbearable work environment is to force employees to quit instead of firing them directly. This is known as constructive discharge and is just as significant as wrongful termination.
Retaliation can be in many forms, including pay cuts, missed promotions, and cutting an employee’s work hours. When you file a lawsuit, you can receive compensation for the negative financial and career impacts. Victims can also seek compensation for the wrongful loss of their jobs or even claim their jobs back.
When You See Another Person Facing Sexual Harassment
Financial planners often ask the question, "What should I do if I see a coworker facing sexual harassment or workplace discrimination?"
The action you should take will depend on the situation. For example, you can encourage your coworker to take action. Sometimes, you can file a complaint on behalf of the coworker if he/she refuses to act, probably out of fear. You can also file a complaint if the harassment affects you, even if it is not directed to you. For example, a perpetrator can commit sexual harassment in the open, where you and other employees can witness or hear it. The perpetrator’s actions can create a hostile work environment that intimidates you or other employees.
What You Can Recover In A Sexual Harassment Lawsuit
You could be entitled to compensation if you are a victim of sexual harassment in the workplace. You can report sexual harassment if you face unwelcome sexual advances, actions, or comments of a sexual nature. If your claim is successful, the amount you receive in financial compensation is known as damages. The amount of damages awarded will depend on the harm you have suffered because of the sexual harassment. Some damages, like front and back pay, seek to compensate you for the wages you lose due to the harassment. Other damages seek to compensate victims for the emotional suffering associated with the sexual harassment. The court can also award you punitive damages to punish your employer for the reckless behavior.
Back Pay Damages
You might be entitled to compensation if you were denied a pay raise, denied a promotion, or fired in relation to sexual harassment. Back pay is the wages, benefits, or other compensation you could have earned from the time of the adverse employment decision to date. Back pay can include the following:
- Commissions, bonuses, and tips.
- Wages, including pay rises that you should have received.
- Vacation and sick pay.
- Value like health and life insurance.
- Profit sharing or stock options.
Under federal law, there is a limit on back pay to two years from when you file a lawsuit. However, sometimes state laws can allow you to collect back pay for longer. The court can also reduce the back pay if you fail to mitigate your damages. Failing to mitigate damages means you did not try to reduce your financial loss. Under state and federal law, you must make a good-faith effort to find alternative employment to reduce your wage loss.
If you make good faith efforts but you still cannot find a new job, you can be entitled to compensation for the full amount of the lost wages. If you find an alternative job, the court will reduce your back pay by the amount of your new earnings.
Front Pay
If you lost your job or were forced to quit because of sexual harassment, you can seek to go back to your former position, a process known as reinstatement. However, sometimes a reinstatement can be impractical or impossible. Perhaps your previous position is no longer available. On the other hand, the working relationship between you and your employer could have become too hostile, making it challenging to return. In this case, you might qualify for an award of front pay in the place of reinstatement. The purpose of the pay is to compensate you for the wage loss you will suffer now and in the future.
The court considers several factors when calculating back pay:
- Your age.
- The period you have served in your previous job.
- How long will it likely take you to obtain a similar job with another employer.
- How long do other employees who hold the same position as you work with your employer.
The judge will consider how long you would have remained in your position and how long it will take you to obtain another job. For example, after considering your age, the judge can find that you would have stayed in your job for another two years. Perhaps the judge feels that given your skills and experience, you will be able to obtain another job within six months. All these factors will come into play during the calculation of front pay.
Compensatory and Punitive Damages
You can be entitled to receive compensatory and punitive damages irrespective of whether you have lost any wages. Compensatory damages include compensation for emotional distress you suffer, harm to your reputation, or any out-of-pocket expenses that you incur due to the harassment. Out-of-pocket costs associated with sexual harassment can include medical expenses and job search costs.
The court can award you punitive damages to punish the employer for bad behavior. The court can award you punitive damages if the employer was aware of the harassment or discrimination but did not take action to stop it. This implies that someone in HR or upper management knew about what was happening to you but did not do anything about it. Courts award punitive damages depending on how big your employer is.
Attorney Fees
If you prevail in a sexual harassment lawsuit, you could be entitled to a reimbursement of the attorney costs and other costs incurred, like filing fees. The court can request your attorney to provide a statement outlining their fees to ensure that the fees are reasonable.
Find an Experienced Sexual Harassment Attorney Near Me
If you are a victim of sexual harassment, you should contact an attorney immediately. An attorney will evaluate your case and advise you on the available options to seek compensation. Strict guidelines apply to the process of filing a sexual harassment claim. You should not delay before contacting an attorney to ensure you do not lose your right to seek compensation.
If you need a reliable attorney in California, contact the Sexual Harassment Attorney. Our experienced attorneys understand everything about sexual harassment. If you cannot settle the case with your employer out of court, we will not hesitate to pursue litigation. We will do everything in our power to ensure that you receive the compensation you deserve. Contact us at 800-905-1856 to speak to one of our attorneys.
