Workplace Sexual Harassment Lawyer

In today’s complex legal environment, Los Angeles employers face significant risks from sexual harassment claims. California’s robust anti-harassment laws, combined with heightened public awareness, have made sexual harassment prevention and defense critical priorities for businesses of all sizes. At Lerner & Weiss, our employer defense attorneysprovide both preventive guidance and vigorous defense when claims arise, helping employers navigate this challenging area of employment law.

Understanding California’s Sexual Harassment Legal Framework

California’s sexual harassment laws go well beyond federal standards, creating unique compliance challenges for Los Angeles employers:

California Fair Employment and Housing Act (FEHA)

FEHA provides broader protections than federal law in several key ways:

• Applies to employers with 5+ employees (compared to 15+ under federal law)
• Imposes individual liability on supervisors for harassment
• Provides for uncapped compensatory and punitive damages
• Features a longer statute of limitations
• Requires lower standards for establishing harassment claims

SB 1343 and SB 778 Training Requirements

California law mandates sexual harassment prevention training:

• Two hours of training for supervisors every two years
• One hour of training for non-supervisory employees every two years
• Training for new hires within six months of hire or promotion
• Specific content requirements addressing various forms of harassment

Fair Employment and Housing Commission Regulations

Detailed regulations provide specific guidance on:

• Employer prevention obligations
• Required elements of anti-harassment policies
• Investigation standards
• Reasonable steps to prevent harassment

Local Los Angeles Ordinances

Los Angeles has enacted additional protections, including:

• Extended statutes of limitations for certain claims
• Additional posting and notification requirements
• Enhanced remedies beyond state law

Types of Sexual Harassment Claims Facing Los Angeles Employers

Sexual harassment claims generally fall into two categories, each requiring specific defense approaches:

Quid Pro Quo Harassment

This involves conditioning employment benefits on submission to unwelcome sexual advances. Common examples include:

• Promising promotions or favorable assignments in exchange for sexual favors
• Threatening negative consequences for rejecting advances
• Implying that job security depends on accepting romantic overtures
• Creating different standards based on response to sexual interest

These claims typically involve supervisor conduct and often create strict liability for employers.

Hostile Work Environment Harassment

This broader category involves unwelcome conduct of a sexual nature that is sufficiently severe or pervasive to alter working conditions. Examples include:

• Sexually explicit comments, jokes, or materials
• Unwelcome touching or invasion of personal space
• Gender-based insults or stereotyping
• Sexually charged workplace atmosphere

Hostile environment claims may involve coworkers, supervisors, customers, or vendors, with different liability standards for each.

Case Studies: Successfully Defending Sexual Harassment Claims

Our firm has effectively defended numerous Los Angeles employers against sexual harassment allegations. These case studies illustrate successful defense approaches:

Case Study: Violations of California Fair Housing and Employment Act (January 2024)

Situation: Client was sued by female job applicant based upon allegations of Discrimination in Violation of the California Fair House and Employment Act (“FEHA”), Failure to Prevent Violation of FEHA, and Wrongful Failure to Hire.

Our Approach: After reviewing allegations of complaint, Lerner & Weiss meets and confers with plaintiff’s counsel regarding deficiencies in complaint. Based upon meet and confer, counsel for plaintiff files a First Amended Complaint. After hearing on Demurrer to First Amended Complaint, the parties engage in discovery and then agree to participate in mediation.

Result: At mediation, matter settles for $50,000.00 with a monthly payment plan over 16 months.

Case Study: Demand Letter Based on Multiple Claims Including Harassment (June/July 2022)

Situation: Client/Employer received demand letter for $129,498.00 based upon claims alleging wrongful termination, unpaid wages/overtime, wait time penalties, noncompliant wage statements, missed rest breaks and meal breaks, failure to engage in interactive process, failure to reasonably accommodate, discrimination, harassment and disparate treatment, and failure to reimburse business expenses.

Our Approach: Lerner & Weiss reviewed client documents with reference to the allegations and provided documents, with detailed explanation as to total defense to claims made by counsel for former employee.

Result: Client/Employer makes settlement offer of $2,950.00. Plaintiff’s counsel drops demand to $10,000.00. Case settles for $10,000.00, made in four (4) monthly payments.

Why Los Angeles Employers Need a Workplace Sexual Harassment Lawyer

California’s stringent legal standards and substantial potential liability make specialized legal counsel essential for several reasons:

1. Navigating Unique California Requirements

A workplace sexual harassment lawyer with specific California expertise provides:

• Guidance on California-specific prevention requirements
• Understanding of how state standards differ from federal law
• Familiarity with local Los Angeles ordinances and court practices
• Knowledge of evolving case law in California courts

Our Los Angeles employment lawyers stay current on California’s continuously evolving legal standards, ensuring our clients receive up-to-date guidance.

2. Creating Legally Compliant Policies and Training

Preventing claims begins with legally sound policies and effective training. Experienced counsel helps by:

• Developing comprehensive anti-harassment policies that satisfy California requirements
• Creating California-compliant training materials and programs
• Advising on documentation protocols that strengthen defense positions
• Designing reporting and investigation procedures that minimize liability

Our sexual harassment defense practice provides clients with customized policies and training programs that address their specific workplace environments and risks.

3. Conducting Legally Defensible Investigations

When harassment allegations arise, proper investigation is critical to defense. A skilled workplace sexual harassment lawyer provides:

• Guidance on investigation best practices
• Advice on witness interview approaches
• Assistance with evidence gathering and preservation
• Recommendations for appropriate corrective action

4. Responding to Agency Complaints

Many harassment claims begin with complaints to the California Civil Rights Department (formerly DFEH). Effective response requires:

• Strategic position statements that preserve all defenses
• Careful handling of settlement discussions
• Management of fact-finding conferences and interviews
• Navigation of the conciliation process

5. Mounting Effective Litigation Defense

When cases proceed to litigation, specialized defense counsel provides:

• Strategic motion practice to narrow or dismiss claims
• Effective discovery strategies to strengthen defense positions
• Defense against class or systemic claims
• Trial preparation and representation when necessary

Our business litigation experience allows us to provide comprehensive representation throughout the litigation process.

Critical Defense Strategies for Sexual Harassment Claims

Based on our extensive experience defending Los Angeles employers, we’ve identified several effective defense strategies:

1. Avery/Ellerth/Faragher Affirmative Defense

For certain types of harassment claims, employers can establish an affirmative defense by proving:

• They exercised reasonable care to prevent and promptly correct harassing behavior
• The plaintiff unreasonably failed to take advantage of preventive or corrective opportunities

This defense requires documented prevention efforts and prompt, effective response to complaints.

2. Statute of Limitations Defense

Sexual harassment claims must be filed within specific timeframes:

• Administrative complaints within three years of the alleged conduct
• Civil lawsuits within one year of receiving a right-to-sue notice

We help clients identify when claims are time-barred and assert appropriate defenses.

3. Challenging Severity or Pervasiveness

Not all inappropriate conduct rises to the level of legally actionable harassment. Successful defense often involves demonstrating that the alleged conduct:

• Was not sufficiently severe or pervasive to alter working conditions
• Would not have created a hostile environment for a reasonable person
• Consisted of isolated incidents rather than a pattern of behavior

4. Lack of Employer Knowledge

For non-supervisor harassment, employers are only liable if they knew or should have known about the harassment and failed to take appropriate corrective action. This defense requires showing:

• The employer had effective reporting procedures
• The employer had no actual knowledge of the harassment
• The harassment was not so widespread that the employer should have known about it

5. Prompt and Effective Remedial Action

When harassment is reported, employers who take immediate and effective corrective action may avoid liability. This defense requires demonstrating:

• The response was prompt and thorough
• The action taken was reasonably calculated to end the harassment
• The response was proportional to the severity of the conduct
• Follow-up occurred to ensure the harassment stopped

Preventive Strategies: The Best Defense Against Sexual Harassment Claims

Working with a workplace sexual harassment lawyer to implement preventive measures is the most cost-effective approach to managing risk. Key preventive strategies include:

Comprehensive Policy Development

Effective anti-harassment policies should:

• Clearly define prohibited conduct with concrete examples
• Provide multiple reporting channels
• Prohibit retaliation against complainants
• Outline investigation procedures
• Specify potential disciplinary consequences

Our employment law attorneys work with clients to develop policies that satisfy both legal requirements and practical workplace needs.

Effective Training Beyond Compliance Minimums

While California mandates specific training, effective prevention requires more than minimal compliance:

• Interactive, scenario-based training that addresses real workplace situations
• Specialized training for supervisors on their unique responsibilities
• Culture-focused training that addresses root causes of harassment
• Regular refresher training beyond the two-year legal minimum

Proactive Management Involvement

Leadership sets the tone for workplace culture. We advise clients on management practices that reduce harassment risk:

• Visible leadership commitment to harassment-free workplaces
• Regular communication about expectations and consequences
• Management participation in training and prevention efforts
• Prompt attention to early warning signs before they escalate

Robust Reporting and Response Systems

Effective complaint handling is critical to both prevention and defense:

• Multiple, accessible reporting channels
• Clear investigation protocols
• Consistent application of appropriate corrective action
• Protection against retaliation for complainants and witnesses

Regular Climate Assessments

Periodic assessment of workplace climate helps identify potential issues before they become claims:

• Anonymous employee surveys about workplace culture
• Exit interview questions about harassment concerns
• Monitoring of complaint patterns for potential systemic issues
• Regular policy and practice reviews

Industry-Specific Sexual Harassment Considerations in Los Angeles

Different industries face unique harassment risks based on their operations and workforce:

Entertainment Industry

Los Angeles’ entertainment sector faces particular challenges:

• Power imbalances between established industry figures and those seeking opportunities
• After-hours events and social mixing of professional and personal contexts
• Intimate content in creative projects
• Legacy of historical misconduct only recently addressed

Our attorneys have specific experience helping entertainment industry clients implement appropriate boundaries and protections.

Hospitality and Service Industries

Customer-facing businesses in Los Angeles often encounter:

• Customer-initiated harassment of employees
• Alcohol-related boundary issues
• Late-night work environments
• Tipping practices that may influence tolerance of inappropriate behavior

We help hospitality employers develop protocols that protect employees while maintaining customer service standards.

Healthcare

Healthcare environments present unique considerations:

• Patient care that may involve intimate physical contact
• 24/7 operations with minimal supervision during some shifts
• High-stress environments that may affect judgment
• Power imbalances in teaching hospitals and training contexts

Our experience includes developing specialized protocols for healthcare settings that balance patient care needs with harassment prevention.

Tech Industry

Los Angeles’ growing tech sector faces its own challenges:

• Historically male-dominated cultures in many companies
• Informal work environments that may blur professional boundaries
• Intense project deadlines creating high-pressure environments
• Remote work arrangements that create new types of virtual harassment

We work with technology clients to develop prevention approaches appropriate for their unique work environments.

Recent Developments Affecting Sexual Harassment Defense in Los Angeles

Several recent developments impact how employers should approach sexual harassment defense:

SB 1300 Changes to Summary Judgment Standard

This legislation made it more difficult for employers to win summary judgment in harassment cases by:

• Establishing that a single incident may be sufficient to create a triable issue
• Rejecting the “stray remarks” doctrine
• Lowering the “severe or pervasive” standard
• Limiting the relevance of plaintiff’s sexual history

These changes make early case assessment and strategic defense planning even more critical.

Expanded Statute of Limitations

Recent legislation extended the statute of limitations for filing administrative complaints from one year to three years, significantly expanding the lookback period for potential claims.

Confidentiality Restrictions

California law now restricts confidentiality provisions in sexual harassment settlements, potentially increasing reputational risks associated with claims.

Virtual Harassment in Remote Work

With the rise of remote work, new forms of harassment have emerged in virtual environments, including:

• Inappropriate comments or behavior during video calls
• Harassing communications through messaging platforms
• After-hours contact facilitated by home-based work
• Different standards of professionalism in remote settings

For more information on remote work issues, see our article on California labor laws for remote work.

When to Engage a Workplace Sexual Harassment Lawyer

While preventive counsel is always valuable, certain situations make engaging specialized legal counsel particularly urgent:

Upon Receiving a Complaint

Immediate legal guidance when a complaint is received helps:

• Structure the investigation appropriately
• Preserve attorney-client privilege for sensitive communications
• Determine appropriate interim measures
• Assess potential liability early in the process

Before Taking Adverse Action

When considering termination or discipline of an employee who has complained about harassment or might do so, counsel can help:

• Evaluate the risk of retaliation claims
• Strengthen documentation of legitimate business reasons
• Time and structure the action to minimize risk
• Prepare for potential claims that may follow

When Receiving Agency Complaints or Demand Letters

Early intervention by counsel when formal claims arise helps:

• Develop strategic response approaches
• Identify and preserve key evidence
• Assess potential exposure
• Evaluate settlement options from a position of strength

During Policy Development and Training Design

Involving counsel in preventive efforts ensures:

• Legally compliant policies and training
• Attorney-client privilege protection for vulnerability assessments
• Defense-oriented documentation practices
• Training that addresses current legal standards

Beyond Legal Defense: The Business Case for Harassment Prevention

While avoiding liability is important, there are broader business benefits to effective harassment prevention:

Talent Acquisition and Retention

Workplaces known for respectful cultures typically experience:

• Stronger candidate attraction
• Lower voluntary turnover
• Better employee engagement
• Stronger workplace loyalty

Productivity and Innovation

Harassment-free environments generally foster:

• Greater psychological safety for sharing ideas
• Reduced distraction from workplace concerns
• Better collaboration across teams
• Higher overall productivity

Brand and Reputation Protection

In the age of social media, harassment claims can quickly damage reputation:

• Consumer perception and purchasing decisions
• Investor confidence
• Recruitment effectiveness
• Industry relationships

From Vulnerability to Leadership: The Strategic Advantage of Specialized Counsel

Sexual harassment claims present significant risks, but with the right legal partnership, Los Angeles employers can transform potential liability into organizational strength. At Lerner & Weiss, we help clients not only defend against claims but build workplace cultures that prevent them.

Our case results demonstrate the effectiveness of our approach. By combining thorough policy development, strategic training, and vigorous defense when needed, we’ve helped numerous Los Angeles employers successfully navigate sexual harassment challenges. Our ability to reduce a $129,498 demand to a $10,000 settlement illustrates the value of experienced representation.

For Los Angeles employers seeking to minimize sexual harassment liability while maximizing workplace effectiveness, partnership with experienced legal counsel is essential. Our California employer defense attorneys provide both preventive guidance and strategic defense to help employers confidently navigate this challenging area of employment law.

Contact our Los Angeles sexual harassment defense lawyers today to discuss how we can help your business develop harassment prevention and defense strategies that protect against liability while enhancing your workplace culture.

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This article is for informational purposes only and does not constitute legal advice. For specific guidance regarding your company’s situation, please consult with a qualified attorney.