Sexual Harassment Lawyer in Berkeley
Protecting East Bay Workers Who Have Experienced Unlawful Harassment in the Workplace
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Berkeley is a vibrant city in Alameda County, home to healthcare workers, university employees, retail staff, technology professionals, and government workers. Employees across this progressive community have the right to work in an environment free from sexual harassment. Setareh Law Group has represented California employees for over 25 years, holding employers accountable when they violate the Fair Employment and Housing Act (FEHA) by allowing sexual harassment to poison the workplace.
If your supervisor or coworker has subjected you to unwanted touching, sexual comments, requests for favors, or retaliation for complaining, you have legal rights. This page explains how sexual harassment claims work in Berkeley, what deadlines apply, and how Setareh Law Group can help you reclaim your right to a safe work environment.
Key Information for Berkeley Workers Facing Sexual Harassment
- Most common sexual harassment claims in Berkeley: unwanted touching in healthcare, quid pro quo demands in university settings, and hostile environment harassment in retail.
- Where cases are filed: Alameda County Superior Court – Rene C. Davidson Courthouse, 1225 Fallon St, Oakland, CA 94612 (serving Berkeley residents).
- Statute of limitations for FEHA harassment claims: Three years to file with the Civil Rights Department (CRD) under Government Code Section 12960.
- Free confidential consultation available. Contingency fee representation.
Geographic Transparency Block
Our law office is located in Beverly Hills at 420 N Camden Dr, Beverly Hills, CA 90210, approximately 370 miles from Berkeley. We represent Berkeley workers through phone, video conferencing, and in person meetings at the Rene C. Davidson Courthouse or by appointment. We serve all of California from this single physical office.
Firm Background at a Glance
Setareh Law Group is an employment law firm founded in 1999 by Chaim Shaun Setareh (California Bar Number 204514), headquartered at 420 N Camden Dr, Beverly Hills, CA 90210, representing employees throughout Alameda County in sexual harassment , discrimination, retaliation, wrongful termination , and wage theft cases.
Major Employers in Berkeley
Employer | Industry | Berkeley Area Employees |
UC Berkeley | Education / Research | 8,000+ |
Alta Bates Summit Medical Center | Healthcare | 3,000+ |
City of Berkeley | Government | 1,500+ |
Berkeley Unified School District | Education | 1,500+ |
Lawrence Berkeley National Lab | Research | 4,000+ |
What Is Sexual Harassment Under California Law?
Sexual harassment is a form of sex discrimination prohibited under FEHA. It includes unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects employment or creates a hostile work environment. The U.S. Equal Employment Opportunity Commission (EEOC) provides additional information on sexual harassment under federal law, including definitions and examples of prohibited conduct.
Sexual harassment is illegal when it is based on
- Gender or sex (male, female, or any gender identity)
- Pregnancy, childbirth, or related medical conditions
- Sexual orientation
- Gender identity and gender expression
Sexual harassment does not have to be directed at you personally. Witnessing harassment of others can also affect your work environment. A sexual harassment lawyer in Berkeley can help you determine whether the conduct you experienced qualifies as illegal harassment.
California employers with five or more employees are required to provide sexual harassment prevention training to all supervisory and nonsupervisory employees. The California Civil Rights Department offers resources for this training through its Sexual Harassment Prevention Training (SHPT) page, which provides guidance for employers and employees on meeting state training requirements.
Understanding the Legal Standard for Sexual Harassment
Not every off color joke or inappropriate comment is illegal harassment. For conduct to be illegal, it must be severe or pervasive enough to create a hostile or abusive work environment.
Factors that determine illegal harassment
- The frequency of the harassing conduct
- The severity of the conduct
- Whether the conduct was physically threatening or humiliating
- Whether the conduct unreasonably interfered with work performance
- Whether the conduct was directed at the employee personally
Examples of behavior that may be illegal
- A supervisor touches an employee’s body without consent
- Coworkers make sexual jokes daily and display offensive images
- An employer demands sexual favors in exchange for a promotion
- A manager threatens termination for refusing a date
- An employee is called sexually degrading names repeatedly
A sexual harassment lawyer in Berkeley can help you evaluate whether your situation meets the legal standard. For more information, see our workplace harassment guide .
The Two Main Types of Sexual Harassment
California law recognizes two main types of sexual harassment. Both are illegal and can form the basis of a claim.
Quid pro quo harassment
Quid pro quo is Latin meaning this for that. This occurs when an employer or supervisor demands sexual favors in exchange for job benefits such as a promotion, raise, or continued employment. Threats of termination or demotion for refusing sexual advances also fall into this category.
Examples of quid pro quo harassment
- A supervisor says sleep with me or you will be fired
- A manager promises a promotion in exchange for sexual favors
- An employer threatens to reduce hours if an employee refuses a date
Hostile work environment harassment
Hostile work environment harassment occurs when unwanted sexual conduct is so severe or pervasive that it creates an abusive or intimidating work environment. The conduct does not have to cause physical harm.
Examples of hostile work environment harassment
- Coworkers make sexual jokes and comments daily
- A supervisor repeatedly touches employees without consent
- Sexually explicit images are displayed in the workplace
- An employee is called sexually degrading names regularly
A sexual harassment lawyer in Berkeley can help you understand which type of harassment you have experienced.
Examples of Workplace Sexual Harassment
Sexual harassment can take many forms. Understanding specific examples can help you recognize whether you are experiencing harassment.
Inappropriate comments about one’s appearance
- Comments about someone’s body, clothing, or physical features
- Remarks about how someone looks in their work attire
- Statements about weight, shape, or attractiveness
Inappropriate comments about one’s sexual orientation
- Questions about someone’s dating life or sexual preferences
- Jokes about being gay, lesbian, or bisexual
- Comments assuming someone’s orientation based on stereotypes
Sexually suggestive comments
- Jokes with sexual content or innuendo
- Comments about sexual activities or experiences
- Statements implying sexual interest or availability
Lewd gestures
- Making sexual gestures with hands or body
- Simulating sexual acts
- Displaying sexual images or videos on phones or computers
Unwanted physical contact
- Touching, groping, or brushing against someone
- Hugging, kissing, or rubbing
- Blocking movement or invading personal space
Sexual advances and requests for favors
- Repeated requests for dates after being rejected
- Asking for sexual favors in exchange for job benefits
- Pressuring someone for sexual relationships
A sexual harassment lawyer in Berkeley can help you identify all forms of harassment you have experienced.
What to Do If You Are Being Sexually Harassed at Work
If you are experiencing sexual harassment in your Berkeley workplace, taking certain steps can help protect your legal rights.
Document everything
Write down dates, times, locations, what was said or done, and the names of any witnesses. Keep a detailed log of every incident. This documentation is crucial evidence.
Save all evidence
Keep emails, text messages, photos, and any other evidence of harassment. Save copies outside of work on a personal device or email account. Do not store evidence on work computers.
Tell the harasser to stop
If you feel safe doing so, clearly state that the behavior is unwelcome. Say no firmly. You do not need to be polite. A single clear statement can be important evidence.
Report the harassment to HR or a supervisor in writing
Provide a written complaint to your employer. Keep a copy for yourself. Your employer cannot take corrective action if they do not know about the harassment.
File a complaint with the Civil Rights Department (CRD)
You have three years from the last harassing act to file a complaint. The CRD’s complaint process involves an initial review, investigation, and either mediation, a right-to-sue notice, or other resolution.
Contact a sexual harassment lawyer in Berkeley
A lawyer can evaluate your situation for free, explain your legal options, and guide you through the process.
For emotional support and confidential resources, UC Berkeley offers the CARE (Counseling and Psychological Services) program, which provides free and confidential support to survivors of sexual harassment, assault, and other trauma.
What Is Employment Retaliation in Harassment Cases?
Many workers fear that reporting harassment will cost them their jobs. California law protects you from retaliation. Under Government Code Section 12940(h), your employer cannot fire, demote, harass, or retaliate against you for reporting harassment, participating in an investigation, or filing a claim.
Protected activities include
- Reporting harassment to HR or a supervisor
- Filing a complaint with the CRD or EEOC
- Participating as a witness in a harassment investigation
- Refusing to comply with a request to keep harassment quiet
- Telling a coworker about your harassment complaint
Examples of retaliation
- Termination after reporting harassment
- Demotion after filing a complaint
- Reduction in hours after participating in an investigation
- Exclusion from meetings or opportunities
- Negative performance reviews
If your employer retaliates against you, you have a separate retaliation claim in addition to your sexual harassment claim. A sexual harassment lawyer in Berkeley can help you pursue both claims. See our retaliation after filing a complaint page.
How Long Do I Have to File a Sexual Harassment Claim?
Sexual harassment claims have strict deadlines. Missing your deadline permanently bars you from suing your employer.
Deadlines for harassment claims
- FEHA claim with the CRD: 3 years from the last harassing act under Government Code Section 12960
- Lawsuit after right to sue notice: 1 year from the date the CRD issues a right to sue notice
- Federal Title VII claim: 300 days to file with the EEOC
Do not wait to contact a sexual harassment lawyer in Berkeley. Evidence disappears and deadlines pass quickly.
What Damages Can You Recover for Sexual Harassment?
California law allows sexual harassment victims to recover significant damages. Unlike federal law, FEHA has no cap on emotional distress or punitive damages.
Lost wages and benefits
Back pay including all wages, bonuses, commissions, health insurance, and retirement contributions you would have earned if not for the harassment.
Front pay
Front pay covers future lost wages if you cannot return to the same workplace because of hostility.
Emotional distress damages
Compensation for anxiety, depression, humiliation, and loss of sleep caused by the harassment.
Punitive damages
Additional damages to punish your employer for malicious or oppressive conduct.
Attorney fees and costs
Your employer pays your attorney fees and court costs if you win.
Injunctive relief
The court can order your employer to change its policies, provide training, or take other corrective action.
Reinstatement
The court may order your employer to give you your job back.
Setareh Law Group has recovered over one billion dollars for California workers, including millions in sexual harassment cases.
Who Can Be Held Liable for Sexual Harassment in Berkeley?
Under California law, multiple parties can be held liable for sexual harassment in the workplace.
The individual harasser
The person who committed the harassment can be personally liable. This includes supervisors, coworkers, and even non employees.
The employer
Employers are automatically liable for harassment by supervisors. For coworker harassment, the employer is liable if they knew or should have known about the harassment and failed to take corrective action.
Third parties
Employers can be liable for harassment by clients, customers, or vendors if they knew or should have known about the harassment and failed to take action.
A sexual harassment lawyer in Berkeley can help you identify all parties who may be liable.
Local Resources for Sexual Harassment in Berkeley
Fact 1 The Alameda County Superior Court Rene C. Davidson Courthouse at 1225 Fallon St, Oakland, CA 94612 handles civil employment cases for Berkeley and all of Alameda County. The courthouse is located approximately 5 miles from Berkeley.
Fact 2 The nearest DLSE Labor Commissioner office for Berkeley workers is located at 1515 Clay St, Suite 401, Oakland, CA 94612, approximately 5 miles from Berkeley. This office investigates retaliation complaints and wage claims.
Fact 3 UC Berkeley is one of the largest employers in the East Bay, employing over 8,000 workers. University employees file sexual harassment claims at rates comparable to other large institutions.
Why Choose Setareh Law Group for Your Berkeley Sexual Harassment Case
- Over one billion dollars recovered for California workers since 1999, including sexual harassment, hostile work environment, and retaliation cases.
- 25 plus years of employment law experience. Founding attorney Chaim Shaun Setareh (Bar Number 204514) has practiced exclusively in employment law since 1999.
- Recognized by Super Lawyers, Best Lawyers, and CAALA.
- Licensed in all California federal courts, including the Northern District of California which covers Berkeley.
- Spanish speaking staff available. Hablamos Español.
- Contingency fee means you pay nothing upfront. We only get paid if we win or settle your case. If we do not recover for you, you owe us nothing for our time.
Areas We Serve Across California
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: Sexual Harassment Lawyer in Berkeley
What is sexual harassment in the workplace?
Sexual harassment is unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects employment or creates a hostile work environment.
What are examples of workplace sexual harassment?
Inappropriate comments about appearance or sexual orientation, sexually suggestive comments, lewd gestures, unwanted touching, and requests for sexual favors.
What should I do if I am being sexually harassed at work?
Document everything, save evidence, tell the harasser to stop if safe, report to HR in writing, and contact a sexual harassment lawyer in Berkeley for a free consultation.
How do I prove sexual harassment?
Through documentation, emails, text messages, witness statements, performance reviews, and evidence showing the conduct was severe or pervasive.
How long do I have to file a sexual harassment claim in California?
Three years from the last harassing act under Government Code Section 12960.
Can I be fired for reporting sexual harassment?
No. Retaliation for reporting sexual harassment is illegal under Government Code Section 12940(h).
What damages can I recover in a sexual harassment lawsuit?
Lost wages, emotional distress damages, punitive damages, attorney fees, court costs, and possibly reinstatement.
Who can be held liable for sexual harassment?
The individual harasser, the employer, and in some cases third parties like clients or customers.
Does Setareh Law Group meet clients in Berkeley?
Yes. By phone, video, or in person at the Rene C. Davidson Courthouse or by appointment.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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