Can I Sue My Boss for Sexual Harassment?

Does your supervisor often make sexual jokes or other inappropriate comments to you? Have you ever been the victim of unwelcome sexual advances within the workplace? You may have the grounds for a California workplace harassment lawsuit.

Inappropriate behavior at work can have significant emotional impacts, leaving you wondering, “Can I sue my boss for sexual harassment?”

In this comprehensive guide, employment attorneys from Kent | Pincin share the state and federal laws protecting employees from harassment in the workplace. Learn about your legal options, such as reporting sexual harassment to regulatory bodies and consulting an experienced sexual harassment attorney.

We’ll also review who may be liable in such cases and what to expect after filing a lawsuit should you decide to pursue one.

Can I Personally Sue My Boss for Sexual Harassment?

When you’re sexually harassed at work, you may have the right to sue your employer as well as any individuals targeting you. State laws allow plaintiffs to name select defendants, including their employer, in workplace harassment claims. This means that non-supervisory employees can take legal action against their boss or even the company’s owner if they violate certain labor laws.

California law is unique because it allows for individual liability in harassment cases. The Fair Employment and Housing Act states that employees dealing with an offensive work environment may hold liable individuals accountable for their actions, including supervisors, managers, and others in positions of authority whose conduct creates, contributes to, or perpetuates a hostile or discriminatory workplace atmosphere.

For example, imagine a worker enjoys their job, but their supervisor frequently makes inappropriate jokes of a sexual nature. If the boss then shifts their behavior to unwanted touching, the employee could try to pursue a lawsuit against them. A California employment law firm, like Kent | Pincin, should be familiar with local labor laws and employee protections.

It’s important to note the differences between state and federal laws. California’s Fair Employment and Housing Act raises concerns about individual and employer liability. On the other hand, Title VII of the Civil Rights Act of 1964 only allows for employers to be named liable in a sexual harassment lawsuit.

Review your case with an experienced sexual harassment lawyer to determine who you have the right to sue. Possible defendants in these lawsuits include:

• Coworkers: If one or more colleagues routinely harass you based on your sex or gender identity, you may have grounds to sue them along with your employer.
• Supervisors: Being in a position of power at work isn’t enough to avoid liability in a sexual harassment case. In certain circumstances, employees may be able to sue their managers for such behavior.
• Business owners: A company’s owner may also be responsible for creating a hostile work environment based on how they treat their employees. These individuals could be named in a sexual harassment lawsuit filed by staff members.

Understanding your rights and taking action may help prevent harassment in the future, both for you and others.

When Is the Employer Liable?

“If I sue my boss for sexual harassment, is my employer also liable?” Many victims of workplace harassment have questions about their employer’s responsibility. Every case varies, but employers are generally liable when a supervisor or someone with authority commits harassment.

Investigators and attorneys may look for evidence that could potentially make an employer automatically liable, such as:

• Not having the proper policies or training protocols: A lack of training or policies regarding verbal or physical harassment could contribute to a hostile work environment.
• Being aware of the harassment and failing to act: Imagine an employee tells their company’s human resources department about quid pro quo harassment in the workplace. Should they ignore the information and fail to improve the work environment, they could be subject to a sexual harassment claim.
• Retaliating against the victim for speaking up: It’s illegal to retaliate against workers who exercise their rights when it comes to reporting sexual harassment and other unethical behaviors. Any negative employment action that stems from making a claim may be considered retaliation.

If someone is the victim of sexual assault or harassment in the workplace, they may be able to pursue legal action against the company and their boss together. California allows employers and individuals to be named in a sexual harassment claim.

For instance, say a hard-working employee asks their boss about a possible promotion. They remain professional and share all of the work-related reasons why they’d be a good candidate for the position. In response, their supervisor agrees to promote them only upon completing sexual favors.

The worker brings up this incident to an HR representative, who says they’ll handle the issue. If HR fails to resolve the issue, and the boss still makes requests for sexual favors, the employee may name both the company and their supervisor in a subsequent lawsuit.

Realistic Scenarios That May Justify Legal Action

Many people endure sexual harassment in the workplace as either an isolated incident or an ongoing issue. Scenarios that are considered sexual harassment include:

• A person of authority ties job security or benefits to sexual favors.
• A boss repeatedly makes inappropriate comments about employees.
• A manager makes a negative employment decision in response to an employee reporting harassment.
• The HR department fails to improve the hostile environment because of a supervisor’s or owner’s position.

Workers throughout Redondo Beach may find themselves in this unfortunate situation, regardless of their industry. For example, a high-powered doctor might create an uncomfortable work environment for their subordinates within a hospital. If the doctor in question has personal relationships with the hospital’s leaders, they could ignore sexual harassment claims.

Staff members in hospitality and office settings could also experience a hostile work environment. Some hospitality workers, such as wait staff or hotel cleaning crews, may not receive health insurance or other job benefits from their employer. A manager could claim the benefits are available, but only if they fulfill their requests for sexual favors.

This situation could also extend to office workers seeking a promotion or pay raise. Consider a young female receptionist trying to work her way up the corporate ladder. If her male boss only agrees to promote her if she goes on a date with him, it could be considered quid pro quo harassment.

What To Expect From Filing to Trial

Suing your boss may seem daunting. It involves many necessary steps and can quickly become complicated if you don’t follow the proper procedures. If you’re wondering, “How can I sue my supervisor in California?” it’s important to be aware of your rights and responsibilities.

Below is a breakdown of what you need to know about navigating California’s legal system. Learn about the essential steps to building your case, developing a legal strategy, and resolving the case in a timely manner.

Before You Sue

You can’t file a lawsuit the same day your boss makes unwanted advances toward you. However, you can begin compiling evidence supporting your claim. Make sure you document everything that shows a detailed record of harassment, such as the following:

• Texts or emails sent to you containing sexual jokes or pervasive comments
• The date and times when you experienced sexual harassment in the workplace
• Witnesses who could attest to a boss’s inappropriate behavior

Once you have robust documentation, you could discuss your concerns with your company’s HR department. This makes the employer aware of the behavior so they can potentially take steps to stop it.

If you don’t believe that internal processes will suffice, you could consult an experienced employment attorney. They may review the details of your case and explain your options. Depending on your circumstances, you could take additional steps to hold your employer accountable for the offensive work environment.

Filing a Complaint

Ask an employer lawyer, “Can I sue my boss for sexual harassment?” and they may tell you that it’s possible. However, you must first file a complaint with a regulatory labor board. Report the incident to the California Civil Rights Department or the Equal Employment Opportunity Commission. These government agencies may launch an investigation into the alleged harassment.

They may send you a right-to-sue letter, allowing you to pursue a lawsuit. Bear in mind that there are strict time limits for filing a sexual harassment lawsuit. Work with professional sexual harassment attorneys to avoid missing deadlines.

Legal Process Timeline

The entire process could take several months, if not years. It involves the following steps:

• Gathering evidence during a pre-filing investigation
• Filing the complaint in civil court
• Requesting and exchanging information during the discovery phase
• Negotiating a settlement

Many cases settle early; however, you should prepare for the full legal path. If neither party agrees to settle, a trial may be necessary.

Damages You May Be Entitled To

One question sexual harassment lawyers often hear is, “If I sue my boss for sexual harassment, will I receive financial compensation?” Every case varies, so you shouldn’t expect a certain outcome. Some plaintiffs recover compensation through a settlement or a successful trial.

The potential compensation awarded in these cases may include:

• Emotional distress damages: Victims could recover damages based on the emotional toll of enduring employment discrimination or harassment in the workplace.
• Lost wages: If someone loses their job amid their sexual harassment lawsuit, their attorney could advocate for back pay.
• Attorney’s fees: Some settlement agreements may have the defendant pay the plaintiff’s legal fees.
• Punitive damages: In cases involving a boss’s malicious, intentional infliction, the court could award punitive damages to the plaintiff. This is meant to punish the offender for egregious behavior.

Other possible outcomes include being reinstated at one’s job, such as if they were fired in retaliation. This could be a standalone outcome or come with other compensatory damages, such as back pay or non-economic damages.

If the case ends up going to trial, the court may order the accused employer to adjust their sexual harassment policies and practices. This could make the workplace safer for the plaintiff, especially if they continue to work there or are reinstated after the trial. It could also prevent a hostile work environment and emotional distress for other employees.

For example, a company may update its employee handbook with a section explaining what constitutes sexual harassment. Business leaders could require those in managerial positions to undergo frequent harassment training so employees feel safe on the job. The company could also establish protocols for HR professionals who receive reports of bosses harassing their staff members.

Why Choose a Redondo Beach Employment Attorney?  

If you’d like to sue your employer, the attorneys at Kent | Pincin may be able to help. We assist clients throughout Redondo Beach and the surrounding areas facing employment law concerns. Our legal team offers personalized support from the first consultation to the final court hearing, making us a trusted resource.

It’s important to have a local lawyer guide you through the process. Hiring an attorney from a distant firm may become an inconvenience, especially if you have to travel for consultations or mediation meetings. At Kent | Pincin, we understand Redondo Beach’s civil courts and local employers.

Our knowledgeable attorneys are willing to listen to your concerns and recommend a legal strategy based on your individual circumstances. We have years of experience practicing employment and harassment law. Review testimonials from our previous clients to learn more about the personalized approach we use in every case.

Contact a Reliable Employment Lawyer About Your Claim

“Can I sue my boss for sexual harassment?” Under certain circumstances, employees have the right to sue their supervisor and employer for sexual harassment. Deadlines apply, so don’t risk the statute of limitations running out.

Consult an employment lawyer today to discuss your claim and review your legal options. At Kent | Pincin, we handle a wide range of employment law cases, including sexual harassment claims involving a supervisor and their subordinate. Request a consultation today for legal advice.

Connect with us online or call (310) 376-0922 to get started.