San Diego Sexual Harassment Lawyer
Standing Up for Respect and Fairness in California Workplaces
Sexual harassment is one of the most persistent and damaging problems in the modern workplace. It’s not just about inappropriate behavior — it’s about power, respect, and safety. At In Motion Law, APC, we help workers who have experienced sexual harassment understand their rights and pursue justice, while also guiding employers in meeting their legal obligations to maintain a safe, respectful work environment.
Whether you’re an employee who has experienced harassment or an employer facing a complaint, the consequences are real and the stakes are high. Our San Diego sexual harassment lawyer is here to help you navigate this difficult terrain with honesty, discretion, and determination.
What Is Sexual Harassment?
Sexual harassment is a form of sex-based discrimination prohibited by both federal and California law. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature when submission is made a condition of employment or the conduct creates a hostile, intimidating, or offensive work environment. In other words, sexual harassment can be quid pro quo (“this for that”) or it can take the form of a hostile work environment that makes it difficult or uncomfortable to do your job.
Quid Pro Quo Sexual Harassment
This occurs when a person in a position of authority, such as a supervisor, manager, or executive, conditions job benefits on submission to sexual conduct. Examples include:
- A manager offering a promotion in exchange for a date
- A supervisor threatening termination unless the employee complies with sexual requests
- A team lead giving favorable assignments only to those who respond positively to flirtation
This type of harassment often involves an abuse of power, and even a single incident can be enough to support a legal claim.
Hostile Work Environment Harassment
A hostile environment arises when unwelcome conduct of a sexual nature is so severe or pervasive that it alters the conditions of employment and creates an abusive atmosphere. It doesn’t have to involve physical contact; words alone can be enough. Examples include:
- Repeated sexual jokes, innuendos, or comments about appearance
- Sharing explicit images, videos, or memes at work
- Unwanted touching, groping, or brushing up against someone
- Persistent requests for dates after being told “no”
- Derogatory remarks about someone’s gender or sexual orientation
This form of harassment can come from supervisors, coworkers, or even customers or clients. What matters is that the conduct is unwelcome and offensive and that it affects the victim’s ability to work.
How Sexual Harassment Can Happen
Sexual harassment can affect people of all genders, sexual orientations, and backgrounds. It can happen in offices, factories, restaurants, hospitals, remote workspaces — anywhere people are expected to do their jobs. It’s not always obvious, and sometimes the harasser may not realize how their actions are impacting others. Regardless, the law focuses on how the behavior is perceived and whether it is objectively offensive.
Examples of how harassment might occur include:
- A female employee receives daily compliments on her body from a male coworker
- A male employee is mocked by coworkers with homophobic slurs
- A non-binary worker is subjected to misgendering and sexualized jokes
- A manager sends late-night texts with sexual overtones
- A worker finds explicit material left on their desk as a “joke”
Even if the harasser thinks they’re being funny or flirty, the questions are whether the conduct was unwelcome and whether a reasonable person in the victim’s shoes would find the conduct unwelcome and offensive.
Employers Have a Legal Duty to Act
Employers are not just encouraged to prevent harassment — they are required to do so under California’s Fair Employment and Housing Act (FEHA) and federal Title VII law. That duty includes having a clear anti-harassment policy that explains what sexual harassment is, prohibits retaliation, and describes how to report misconduct. The policy must be accessible and disseminated to all employees in a way they can understand, and supervisors and staff must be trained on preventing and addressing harassment in accordance with the policy.
When employers receive notice of a complaint, they are required to promptly and thoroughly investigate the complaint, take appropriate corrective action based on the findings, and communicate the outcome of the investigation to the people involved, including what action is being taken against the harasser or the determination that no harassment occurred.
Failing to take these steps can expose an employer to legal liability — especially if they knew or should have known about the harassment and failed to stop it. That said, many employers are committed to doing the right thing. In addition to representing employees with sexual harassment complaints, In Motion Law also works with employers to develop sound policies, conduct investigations, and resolve complaints effectively and legally.
What Should an Employee Do?
If you are experiencing sexual harassment at work, you may feel anxious, embarrassed, or worried about your job. That’s normal — but you don’t have to put up with it. Here are the general steps employees should consider:
- Tell the Harasser to Stop (If Safe)
If you feel safe doing so, make it clear that the behavior is unwelcome. Sometimes a direct conversation can resolve the issue. - Follow the Company’s Complaint Procedure
Use the internal reporting channels, whether it’s your supervisor, HR, or a hotline. Document everything you report — who you told, when, and what was said. - Keep Records
Save emails, messages, photos, or any other documentation that supports your claim. Write down dates and descriptions of incidents. - File a Complaint with CRD or EEOC
If the company fails to take action — or if the harassment is particularly serious — you can file a charge with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). - Get Legal Advice
An employment attorney can help you assess your options, gather evidence, and pursue a claim through the appropriate channels.
You typically must file a complaint within 180 days (EEOC) or three years (CRD) of the harassment, though exceptions may apply. After that, you may receive a “right-to-sue” notice and take your case to court.
Remedies for Victims of Sexual Harassment in San Diego
If harassment is proven, you may be entitled to a range of legal remedies, including back pay and lost wages, compensation for emotional distress, punitive damages (in some cases), and reinstatement or front pay if you were terminated. A resolution may also require the company to implement policy changes or training, and employees can have their attorneys’ fees and legal costs paid for by the employer.
In some cases, resolution may come through a confidential settlement. In others, litigation may be necessary. Every case is different — and we’ll help you choose the path that best serves your needs and goals.
How In Motion Law, APC Can Help
At In Motion Law, we bring a trial-minded approach to every harassment case. Jack H. Pogosian has spent years on both sides of employment disputes — representing plaintiffs who’ve been mistreated and defending companies accused of wrongdoing. He understands how to investigate allegations, build strong legal arguments, and push for meaningful outcomes.
When you come to us, you’ll receive a confidential, compassionate consultation and honest advice about your rights and options. You can expect meticulous preparation and strategic planning from a fierce advocate who always puts your best interests first, along with clear communication from start to finish and a dedication to getting favorable results.
Talk to a San Diego Sexual Harassment Lawyer Today
If you’ve experienced sexual harassment at work or if you’re an employer trying to address a complaint the right way, In Motion Law is ready to help. We serve clients across San Diego and throughout California with care, focus, and a deep respect for the law and the people it protects.
Reach out today to schedule a private consultation and take the first step toward resolution.
