Sexual Harassment

San Diego, California Sexual Harassment Litigation Lawyers

If you feel that you have been forced to endure obnoxious sexual remarks in the workplace, or if you believe that you are under pressure to respond favorably to the sexual advances of a manager or supervisor, you are very likely a victim of prohibited harassment on the job. To learn how our skilled trial attorneys can help you recover damages or otherwise resolve your unpleasant situation, contact The McClellan Law Firm in San Diego.

Sexual harassment as recognized in the law typically takes one of two forms: sexually hostile working environment, or quid pro quo harassment. The first is generally believed to be more widespread, but the second is typically seen as a more menacing situation.

To support a right of action for sexually hostile environment harassment, the offensive conduct needs to have been more than an isolated occurrence, and must have contributed significantly to a pervasively damaging work atmosphere amounting to psychological abuse. This might include repeated sexual comments from co-workers, the circulation of offensive or pornographic e-mail, or the open display of offensive words or pictures in an area you can't easily avoid. Whether the conduct complained of amounts to sexual harassment is measured against both a subjective and an objective standard: was the complaining person truly offended, and if so how badly? And would a reasonable person in the plaintiff's position be similarly offended?

Quid pro quo sexual harassment necessarily involves unwelcome sexual advances by a person in a position of authority over the victim—as between peers, such conduct can contribute to a sexually hostile work environment, but the absence of any power to affect the victim's job conditions or security makes quid pro quo harassment generally impossible.

If you believe that you have been a victim of either form of sexual harassment, our attorneys can listen to your story and advise you about your rights and the most effective ways to document and present your claims. In some circumstances, you will need to report the harassment to a manager or supervisor, who will then be responsible for investigating your complaint fairly and effectively. The lawyers at The McClellan Law Firm can advise and support you through every stage of the process.

For a free consultation about your rights in any sexual harassment situation, contact The McClellan Law Firm in San Diego.