Workplace Harassment Attorney in Orange, California

Workplace harassment is a pervasive issue that affects employees across all industries and demographics. This type of harassment can manifest in various forms—verbal, physical, and psychological—creating a hostile and intimidating work environment. It’s often incredibly distressing to experience and can lead to significant emotional and mental harm.  

Every individual deserves a safe and respectful workplace where they can perform their duties without fear of harassment or discrimination. Employees are encouraged to stand up for their rights and seek support when faced with harassment.  

At The Guha Law Firm, we are dedicated to ensuring that employees are protected from all forms of workplace harassment. Our practice, based in Orange, California, extends our services throughout San Bernardino County, Los Angeles County, and Riverside County.  

We understand the profound impact that harassment and discrimination can have on your personal and professional life. Our mission is to stand by your side, offering expert legal consultation, representation, and advocacy. 

Overview of Workplace Harassment 

Workplace harassment includes a range of unwelcome and discriminatory behaviors. These actions can create a hostile work environment and violate fundamental employment rights.  

Sexual Harassment 

Sexual harassment includes: 

• Unwanted sexual advancements 

• Requesting sexual favors 

• Making jokes or offensive comments about a person’s body parts 

• Calling someone names related to their sex or gender 

• Unwanted touching including grabbing or pulling at clothing 

• Communicating via email or text about body parts or sex 

• Making jokes or disparaging comments about someone’s gender or how their gender doesn't match social norms 

• Sharing unwanted pictures or videos of a sexual nature with someone else 

• Exposing private parts to someone else 

Quid Pro Quo Harassment 

Quid pro quo harassment occurs when job benefits, such as promotions, salary increases, or continued employment, are contingent upon the acceptance of unwelcome sexual behavior. This form of harassment exploits power dynamics and can severely damage an individual’s career and well-being. 

Stalking and Cyberstalking 

Stalking and cyberstalking are forms of harassment where an individual is repeatedly followed, monitored, or contacted in a way that causes fear or concern for their safety. This can occur both physically and through digital means such as texting, calling, social media, email, or messaging platforms. 

All Forms of Discrimination 

In addition to the specific types of harassment, our firm addresses all forms of discrimination. Employees are protected against discrimination in the workplace by both federal and state laws.  

At the federal level, landmark legislation like the Civil Rights Act of 1964 and subsequent laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) provide broad protections. California's Fair Employment and Housing Act (FEHA) also provides strong safeguards against workplace discrimination. 

Protected characteristics under these laws include: 

• Race 

• Color 

• Religion 

• Biological sex 

• National origin 

• Age (40 and up) 

• Genetic history 

• Disability 

• Veterans’ rights 

• Pregnancy 

• Sexual orientation 

• Gender identity 

Workplace Harassment Laws in California

California has some of the most comprehensive workplace harassment laws in the United States, aimed at protecting employees from all forms of harassment and discrimination.  

The primary state law governing these protections is the Fair Employment and Housing Act (FEHA), which is enforced by the California Department of Fair Employment and Housing (DFEH). Under the FEHA, it is unlawful for employers to discriminate against employees or job applicants based on protected characteristics or to tolerate any form of harassment.  

Fair Employment and Housing Act (FEHA) 

The FEHA mandates that employers, regardless of the size of their business, must provide a work environment free from harassment and discrimination. This includes but is not limited to protections against: 

• Sexual harassment 

• Quid pro quo harassment 

• Hostile work environments 

• Discrimination based on protected characteristics

Preventive Measures and Employer Responsibilities 

FEHA requires employers to take proactive steps to prevent harassment, including: 

• Developing and distributing a written harassment, discrimination, and retaliation prevention policy 

• Providing training and resources to employees on their rights and how to report harassment in the workplace

• Conducting prompt, fair, and thorough investigations of harassment complaints 

• Implementing corrective actions when harassment or discrimination is found 

Reporting and Filing Complaints 

Employees who experience or witness harassment can file a complaint with the DFEH. The DFEH will conduct an investigation and can take various enforcement actions if violations are found. Additionally, employees have the right to seek legal action independently. 

Additional Protections 

California also has specific laws that complement the FEHA and provide further protections: 

• California Occupational Safety and Health Act (CAL/OSHA): Ensures a safe and healthy working environment, which includes protection from workplace violence and harassment. 

• California Constitution: Guarantees the right to privacy, which protects employees against certain forms of surveillance and intrusion by employers. 

At The Guha Law Firm, we have a deep understanding of these laws and are dedicated to making sure that our clients fully exercise their rights. If you believe you have been subjected to harassment or discrimination in the workplace, our experienced team is here to provide the guidance and support you need to succeed in the legal process of a claim or lawsuit. 

Our Workplace Harassment Services

• Legal consultation and guidance: Our first step is to provide you with comprehensive legal consultation and guidance. We will discuss the specifics of your situation, inform you of your rights under the law, and outline the best course of action to address the harassment or discrimination you are experiencing.
   

• Representation in mediation and legal proceedings: We offer robust representation in mediation and legal proceedings against employers for harassment. Our goal is to seek justice and make sure your rights are upheld. We are experienced in the nuances of employment law and will advocate vigorously on your behalf. 
  

• Advocacy for employees: Beyond legal representation, we serve as advocates for employees. We work to create safer workplace environments by holding employers accountable for their actions. This includes seeking policy changes and promoting workplace practices that prevent harassment and discrimination. 
  

• Risk assessment and compliance advice: Preventing workplace harassment starts with strong policies and compliance measures. We offer risk assessment and compliance advice to employers, helping them develop and implement strategies that protect employees and reduce the risk of legal action. 
  

• Aiding victims of discrimination and retaliation: Retaliation against employees who report harassment or discrimination is illegal. We provide support and advocacy for victims of retaliation, ensuring that they receive protection and that retaliatory behaviors are addressed accordingly. 

Trust The Guha Law Firm to Represent You

At The Guha Law Firm, we firmly believe in a workplace free from harassment and discrimination. We have a strong understanding of both federal and state laws that protect employee rights, and we’re committed to using this knowledge to your advantage.  

Our experienced attorney provides the highest level of legal service to our clients: 

• Experience: Our attorney specializes in employment law, particularly in cases of workplace harassment and discrimination. 

• Dedication: We are deeply committed to our clients and will fight tirelessly to protect your rights. 

• Personalized service: Every case is unique, and we provide personalized service tailored to your specific situation. 

• Comprehensive support: From initial consultation to resolution, we offer comprehensive support throughout the entire legal process.