Experienced Sexual Harassment Lawyers Serving Oakland and the East Bay
At Lawless, Lawless & McGrath, we are committed to supporting victims and survivors of sexual harassment and sexual assault in the workplace. Our employment discrimination attorneys understand the profound impact that harassment can have on your professional and personal life, and how isolating it can feel to face it alone. We are here to help you hold employers accountable, protect your rights, and seek the justice you deserve. If you have experienced unwanted advances, inappropriate conduct, assault, or a hostile work environment, contact us at 415-391-7555 for a confidential consultation.
Advocating for Victims of Workplace Sexual Harassment in Oakland
Sexual harassment can take many forms, from unwelcome comments and physical advances to quid pro quo demands and hostile work environments that make it impossible to do your job. At Lawless, Lawless & McGrath, we represent employees facing harassment based on gender, sexual orientation, or other protected characteristics. Our attorneys are well-versed in California and federal employment laws.
We take a compassionate yet strategic approach, listening carefully to your experience and building a case tailored to your needs. We are dedicated to achieving meaningful outcomes.
What Qualifies as Sexual Harassment Under California Law?
Sexual harassment is prohibited under California and federal law. It includes unwelcome conduct of a sexual nature that interferes with your work performance or creates an intimidating, hostile, or offensive work environment. It is not limited to overt physical contact — it can also involve:
- Repeated inappropriate comments or jokes
- Unwanted flirting or advances
- Sexual texts, emails, or messages
- Displaying explicit images in the workplace
- Gender-based insults or degrading remarks
- Retaliation after rejecting advances
Types of Sexual Harassment Cases We Handle
Our firm represents employees in a wide range of sexual harassment matters, including:
- Hostile Work Environment Harassment: A hostile work environment occurs when ongoing harassment is severe or pervasive enough to make the workplace intimidating, abusive, or offensive. This may involve repeated inappropriate comments, suggestive behavior, or gender-based hostility that interferes with your ability to perform your job.
- Quid Pro Quo Sexual Harassment: Quid pro quo harassment happens when a supervisor or person in authority conditions job benefits on sexual favors such as promotions tied to compliance with advances, threats of termination after rejection, or favorable assignments in exchange for personal attention.
- Sexual Assault in the Workplace: Unfortunately, sometimes harassment escalates to unwanted physical contact or assault.
- Same-Sex Sexual Harassment: Harassment laws apply regardless of gender. Harassment between individuals of the same sex is still unlawful when the conduct is based on sex, gender, or gender identity.
Notable Case Results
- $950,000 Settlement – Sexual Harassment, Gender Discrimination, Defamation: A significant settlement for a female city employee who endured a hostile work environment and false accusations.
- $750,000 Verdict – Sexual Harassment (San Mateo): Trial attorney Therese Lawless won a significant verdict for a hospital employee who endured on-the-job harassment.
- $550,000 Settlement – Sexual Harassment: We represented a secretary at a law firm subjected to harassment by an attorney.
- $500,000 Verdict – Sexual Assault (Northern District): Trial attorneys Therese Lawless and Barbara Lawless achieved a verdict for a resort employee assaulted by her supervisor.
Our Expertise in Sexual Harassment Law
- Barbara Lawless: Recognized by Super Lawyers and named among the Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers, Barbara has a proven record in litigating harassment claims.
- Therese Lawless: Known for her expertise in hostile work environment cases and her record as a trial attorney, Therese brings deep knowledge and courtroom tenacity to every matter.
- Our Team: Our team also includes Emily S. McGrath, a Super Lawyer who excels in navigating complex harassment and retaliation claims, and Sinclaire M. Parer, whose meticulous attention to case preparation strengthens our advocacy.
What are Employer Responsibilities Under California Law?
California employers have a legal duty to prevent, investigate, and correct workplace harassment. This includes:
- Maintaining clear anti-harassment policies
- Providing harassment prevention training
- Investigating complaints promptly and fairly
- Taking corrective action when misconduct is confirmed
Is Retaliation for Reporting Sexual Harassment Illegal?
Yes. Many employees fear retaliation after reporting harassment — and unfortunately, it happens. Retaliation is illegal, and it is a separate legal violation from the harassment itself. It can include:
- Termination or demotion
- Reduced hours or pay
- Negative performance reviews
- Workplace isolation or hostility
- Sudden disciplinary actions
Frequently Asked Questions About Sexual Harassment in Oakland
What is considered sexual harassment in the workplace?
Sexual harassment includes unwelcome conduct of a sexual nature that creates a hostile work environment or affects employment decisions. This can include verbal comments, inappropriate jokes, unwanted advances, explicit messages, or physical contact. It does not need to be physical to be illegal.
Do I have to report harassment to HR before contacting a lawyer?
No. While internal reporting can be helpful, you are not required to resolve the issue through HR before speaking with an attorney. In some cases, consulting a lawyer first helps protect your rights and reduce the risk of retaliation.
Do I need to quit my job to file a sexual harassment claim?
No. You can pursue a claim while still employed. We can help protect you from retaliation and seek remedies without leaving your position.
Can I file a claim if the harassment was not physical?
Yes. Sexual harassment does not require physical contact. Repeated verbal harassment, offensive remarks, unwanted messages, or a sexually hostile work culture may all qualify as unlawful harassment under California law.
How long do I have to file a sexual harassment claim in California?
In most cases, you must file a complaint with the California Civil Rights Department (CRD) within three years of the harassment. After receiving a right-to-sue notice, additional deadlines apply for filing a lawsuit. Because these timelines are strict, it is important to contact an attorney as soon as possible.
What if my employer ignored my complaint about harassment?
If your employer failed to investigate or stop the harassment after being notified, they may be legally liable. Employers have an affirmative duty to take reasonable steps to prevent and correct harassment in the workplace.
Can I be fired for reporting sexual harassment?
No. Terminating or punishing an employee for reporting harassment is unlawful retaliation. If you were demoted, terminated, or otherwise mistreated after reporting misconduct, you may have a separate retaliation claim in addition to your harassment claim.
Will my Oakland case go to trial?
Many cases resolve through settlement before trial, but we prepare every case as if it will go to court. We will discuss the best strategy for your situation, whether that means negotiating a strong settlement or taking your case before a jury.
What evidence is helpful in a sexual harassment case?
Helpful evidence includes emails, text messages, witness statements, HR complaints, performance reviews, and any documentation showing changes in how you were treated after the harassment began. We help clients identify and preserve this evidence from the start.
How much is a sexual harassment case worth in Oakland?
The value of a case depends on factors including the severity of the harassment, the emotional distress caused, lost income, and the employer's conduct. Some cases result in substantial settlements or verdicts, particularly when harassment was severe, ongoing, or accompanied by retaliation. Our attorneys evaluate each case individually.
Speak With an Oakland Sexual Harassment Attorney Today
At Lawless, Lawless & McGrath, we believe no one should have to endure sexual harassment or assault at work. Our firm was built on the principle of fighting for justice, and we carry that commitment into every case we take. We are proud to serve employees throughout Oakland, Berkeley, Alameda, Emeryville, Hayward, Fremont, Richmond, and communities across Alameda and Contra Costa Counties.
You do not have to face this alone. Contact Lawless, Lawless & McGrath today at 415-391-7555 or reach out online to schedule a confidential, no-obligation consultation. We are ready to listen, evaluate your situation, and fight for the outcome you deserve.
Disclaimer: This page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Past results do not guarantee a similar outcome. Consult a licensed California employment attorney regarding your specific situation.