Sexual Harassment Defense Lawyer for Employer

Our aggressive employer sexual harassment defense attorneys only represent employers and provide comprehensive legal solutions for our clients throughout California, including Los Angeles, Orange County, San Jose, and San Diego.

By Douglas Wade, Attorney

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Table of Contents

1. Sexual Harassment Defense Attorney

2. Types of Sexual Harassment and Employer Responsibilities

3. How Employers Should Address A Sexual Harassment Lawsuit

Sexual Harassment Defense Attorney

When facing a false accusation of workplace harassment, it is important to mount a legitimate defense against the sexual harassment claim by scrutinizing the plaintiff’s credibility and character. To do this, an employer should be sure to engage the services of a sexual harassment defense attorney who can launch a sexual harassment defense.

There are three types of illegal workplace harassment: sexual harassment, racial harassment, and a hostile work environment. Among these, sexual harassment constitutes the most common basis for lawsuits. Harassing behavior can encompass offensive actions such as mockery, intimidation, name-calling, jokes, slurs, physical assault or threats, derogatory images or objects, insults, and interference with job performance.

Allegations of sexual harassment by an employee should be treated with gravity. However, our sexual harassment defense attorneys have encountered instances where employees make false claims for various reasons. Our California sexual harassment claims defense lawyer offers guidance and representation in sexual harassment cases and suits and can mount a sexual harassment defense. Our defense attorney for sexual harassment has authored a comprehensive guide on Sexual Harassment law that is frequently relied upon by other sexual harassment defense attorneys defending against such claims. Our legal team of sexual harassment claims defense lawyers defends California businesses against sexual harassment claims across various forums, including the EEOC, DFEH, labor commissioner, federal courts, and state courts. Our recommendations are tailored to your business operations, unique challenges, and industry knowledge.

Our employer-focused sexual harassment defense attorneys defend against sexual harassment lawsuits and work to mitigate liability. We also assist HR departments in formulating policies and procedures related to sexual harassment allegations. For example, many employers are not aware that California law requires all employers of 5 or more employees to provide training to its supervisory and nonsupervisory employees on sexual harassment and abusive conduct prevention.

Our defense attorney for sexual harassment advises companies on compliance with workplace-related laws, covering federal, state, and local statutes, as well as court orders and administrative regulations. Both federal and state policies govern the conduct of employers and employees in the workplace.

Even well-managed businesses may encounter legal challenges from current or former employees. Common legal actions include claims of wrongful termination and sexual harassment. It is imperative for employers to treat these claims seriously and conduct thorough investigations. For assistance, they should not hesitate to contact a harassment defense attorney for workplace harassment.

Regardless of your perception of the lawsuit’s validity, it is crucial to handle the sexual harassment complaint appropriately from the outset by consulting with our California employment litigation attorney. Having an experienced sexual harassment defense attorney on hand to manage the proceedings ensures that the complaint is given the due consideration it deserves.

Types of Sexual Harassment and Employer Responsibilities

Sexual harassment encompasses unwelcome advances, requests for favors, and other inappropriate verbal or physical conduct of a sexual nature. However, it can also extend beyond this, including offensive remarks about an individual’s gender.

The Equal Employment Opportunity Commission (EEOC) classifies sexual harassment into two main categories:

Quid Pro Quo Sexual Harassment

This occurs when an employee is pressured to engage in sexual activity in exchange for a work-related benefit. It also covers situations where an employee is coerced into tolerating or ignoring advances in return for such benefits. Even if the employee declines or acquiesces, it still constitutes sexual harassment.

Hostile Work Environment Sexual Harassment

This form of harassment creates an uncomfortable or unsafe atmosphere for the victim. It encompasses various types of sexual harassment and requires the claimant to demonstrate that the harassment significantly impacted their job performance. Determining what constitutes inappropriate behavior can be a point of contention for both parties. A sexual harassment defense lawyer can create a strong sexual harassment defense.

In sexual harassment cases, it is not relevant whether the perpetrator intended harm towards the victim. The critical factor is the impact of the harassment on the victim. Similarly, an employer cannot claim ignorance of the harassment; they have a legal duty to proactively safeguard their employees. Even if a business was unaware of the harassment, they may still be deemed negligent and held liable. For this reason, it is essential to engage the services of a sexual harassment claims defense lawyer.

Employers must approach sexual harassment claims with utmost seriousness. Mishandling such cases can have severe repercussions for a business’s reputation and legal standing. Many employers may not possess in-depth knowledge of federal and state sexual harassment laws. When faced with a lawsuit, the initial step should be to engage a sexual harassment defense attorney. A defense attorney for sexual harassment will guide the business in conducting a thorough investigation and addressing the complaint appropriately.

How Employers Should Address A Sexual Harassment Lawsuit

Preventing sexual harassment is paramount for employers, as defending against a lawsuit can be costly both financially and in terms of reputation. When confronted with a sexual harassment lawsuit, employers should adhere to the following steps:

Step 1: Take the Complaint Seriously

Every sexual harassment complaint, whether it is a formal lawsuit or an employee reporting an incident, must be treated with the utmost seriousness. Even if initial skepticism arises, it is crucial to follow the established complaint procedure and conduct a thorough investigation, ensuring the complainant feels heard and respected. It is important to hire a sexual harassment defense attorney to ensure the claim is addressed appropriately.

Step 2: Notify the Relevant Parties

Effective communication with key parties is crucial after a sexual harassment complaint. Having a clear, well-defined policy for handling such complaints is essential to ensure a smooth process. This chain of communication should include executives, HR managers, and insurance providers. A sexual harassment claims defense lawyer can ensure there is proper and timely communication.

Step 3: Consult with a Sexual Harassment Defense Attorney

Promptly seeking the help of a defense attorney for sexual harassment is vital. Engaging a sexual harassment defense lawyer from the outset ensures a swift and effective response to the claim. A sexual harassment defense lawyer can aid in investigating the claim, gathering evidence, and constructing a robust defense.

Step 4: Investigate the Sexual Harassment Claim

Prompt and thorough investigation of all reports of sexual harassment is legally mandated. A comprehensive investigation not only helps to uncover crucial information but also demonstrates that the employee is not being discriminated against and that the matter is being taken seriously. This process allows the employer to gather evidence and formulate their arguments. A harassment defense attorney for workplace harassment can help with the investigative process.

Step 5: Cooperate with the EEOC or State Agency

If the complaint has been filed with a state agency or the EEOC, cooperation is key. Employers should demonstrate willingness to work with the investigating body, avoiding any appearance of disinterest or obstruction. However, it’s advisable to consult with a sexual harassment defense lawyer regarding sensitive company information disclosure.

Step 6: Consider Resolutions

Following the completion of the investigation, the employer and pertinent decision-makers should meet with the attorney to review the facts and evidence. A skilled harassment defense attorney for workplace harassment can outline the potential ramifications of the allegations and suggest strategies to minimize damage. The sexual harassment defense attorney will present various courses of action, along with their respective advantages and disadvantages as part of the sexual harassment defense. The sexual harassment claims defense attorney’s expertise will guide the employer in selecting a suitable approach, which may range from implementing new workplace policies and training to offering a settlement or, in some cases, proceeding to trial to contest false claims.

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