The real estate industry is fast-paced, competitive, and often driven by personal interaction. These factors can create environments where sexual harassment goes unchecked. Real estate agents may face inappropriate behavior ranging from unwelcome sexual comments to serious misconduct like rape.
Clients, investors, and colleagues perpetrate these acts. Sexual harassment in the workplace can have devastating physical, emotional, and mental impacts on a victim. California and federal laws protect employees in all sectors from sexual harassment. Victims of sexual harassment can report the harassment to the California Civil Rights Department (CRD).
The CRD protects employees in California from different forms of harassment. After investigating your complaint, the CRD can give you the right to file a lawsuit against your employer or the harasser. If you are a victim of sexual harassment, you will benefit from our legal expertise at Sexual Harassment Attorney.
An Overview of Workplace Sexual Harassment in the Real Estate Sector
Sexual harassment in the real estate sector is a serious issue that affects the safety, dignity, and well-being of employees. In California, workplace sexual harassment is prohibited under both federal and state laws, including Title VII of the Civil Rights Act of 1964 and the California Civil Rights Department (CRD).
There are two main types of sexual harassment you could experience as a real estate agent. They include:
Quid Pro Quo Sexual Harassment
Quid pro quo Sexual harassment occurs when job benefits are conditioned on the acceptance of sexual advances or conduct. This form of harassment usually involves someone in a position of power offering a job benefit in exchange for sexual favors.
Examples of quid pro quo harassment include:
- A supervisor implies that you will receive a raise if you go on a date with them.
- A manager threatens to fire or demote you unless you engage in sexual conduct.
- An executive offers a promotion to an employee in return for physical intimacy.
Quid pro quo harassment involves a clear abuse of authority. Even a single incident is enough to establish this type of harassment, and it does not need a pattern of behavior. In California, employers are liable for the actions of supervisors who engage in quid pro quo harassment.
Hostile Work Environment Sexual Harassment
A hostile work environment occurs when an employee is subjected to unwelcome sexual behavior at the workplace. The real estate sector involves heavy interactions between agents. Therefore, verbal comments or actions from one person can be interpreted as sexual harassment by another.
Severe and pervasive acts that create an intimidating, offensive, or abusive work environment are considered sexual abuse. Unlike quid pro quo harassment, this form of harassment does not involve a direct link between sexual conduct and employment decisions. Instead, it requires behavior that interferes with an employee’s ability to do their job.
Examples of hostile work environment harassment include:
- Repeated sexual jokes, comments, or innuendos.
- Display of sexually explicit images or materials in the workplace.
- Unwanted touching or physical advances.
- Persistent flirting, remarks about appearance, or suggestive emails.
- Derogatory remarks or slurs based on gender or sexual orientation.
The legal standard for a hostile work environment is whether a "reasonable person" would find the behavior offensive. In California, hostile work environment claims are brought against coworkers, supervisors, contractors, or clients. You could also file a lawsuit against your employer if they failed to address the issues appropriately.
Impacts of Sexual Harassment on a Real Estate Agent
Sexual harassment has significant professional and personal impacts on a real estate agent. They include:
- Emotional distress. Sexual harassment can cause severe emotional and psychological harm. You can experience anxiety, depression, fear, and a loss of self-esteem after the incident. These emotional struggles can make maintaining the confidence and positivity needed for client interactions complex.
- Reduced focus. Experiencing harassment can lead to distraction or a lack of motivation for work. This can result in missed opportunities and poor performance.
- Damaged professional relationships. Different individuals are responsible for sexual harassment in the real estate offices. They include clients, supervisors, or other agents. Harassment may force an agent to avoid certain clients or coworkers. The avoidance can hinder networking and referrals.
- Stagnation or career disruption. A brokerage may suffer severe consequences from a history of sexual harassment. As a result, agents who report instances of sexual harassment could encounter resistance. Retaliation may be employment termination, a reduction in pay, or a demotion. Other agents might feel pressured to quit their position or company, which would result in the loss of significant experience.
- Financial and legal pressure. You will face financial expenses when pursuing legal action for sexual harassment at work. These expenses result from hiring legal representation and filing paperwork.
Roles of Employers in Preventing and Addressing Workplace Sexual Harassment
As a real estate agent, your employer has the responsibility to protect you from sexual harassment that may occur at the workplace. The roles of your employer will include:
Develop and Enforce a Clear Anti-Harassment Policy
A key responsibility of employers is to establish anti-harassment policies in the workplace. These policies must clearly define what constitutes sexual harassment. Additionally, they must include specific examples of unacceptable behavior in the workplace. If the workplace has bilingual employees, the employer must translate the policies.
Provide Regular Training and Education
Your employer must offer training for all employees on workplace sexual harassment and how to avoid it. The employees should understand the proper channels to report sexual harassment if it happens. Employers should provide regular, mandatory training sessions for all staff, including senior management and supervisors.
These sessions should cover legal definitions and real-world examples. Supervisors should receive extra training on recognizing their role in maintaining a harassment-free workplace. By educating staff, employers help build awareness, change attitudes, and promote respectful interactions.
Respond Promptly and Investigate Thoroughly
When you make a sexual harassment complaint to your employer or supervisors, they must investigate it. Employers must take all sexual harassment reports seriously. When the investigation is complete, your employer must take the necessary measures to deal with the harasser. Additionally, they must change the policies to prevent future sexual harassment occurrences.
Foster a Respectful and Inclusive Workplace Culture
Employers must cultivate a respectful workplace culture in addition to policies and procedures. It means setting the tone for appropriate behavior and upholding standards consistently. Open communication and support for diversity create a positive and respectful atmosphere. Employees who feel valued and empowered are more likely to speak up against inappropriate behavior.
Filing a Workplace Sexual Harassment Lawsuit in California
Federal and California state laws prohibit sexual harassment in the workplace. If you are a victim of workplace sexual harassment, you can file a lawsuit against the harasser or your employer. Filing a lawsuit for workplace sexual harassment takes the following steps:
Understanding What Qualifies as Sexual Harassment
Under California's Fair Employment and Housing Act, sexual harassment includes two main types:
- Hostile work environment. This type of harassment occurs when unwelcome sexual conduct creates an intimidating or offensive work environment.
- Quid pro quo harassment. It occurs when job benefits are conditioned on sexual favors.
Sexual harassment against real estate agents could include acts like:
- Unwanted touching
- Offensive sexual jokes, comments, or gestures
- Request for sexual favors in exchange for promotion or work benefits
Before you file a claim, you must ensure that the alleged conduct falls within the definition of sexual harassment.
Report to Your Employer
If you face sexual harassment at the workplace, you must report it to your employer. Under California law, employers are responsible for preventing and addressing sexual harassment in their workplace. They can take responsibility by providing a written anti-harassment policy. Additionally, they must have more precise mechanisms for employees to report harassment. Reporting sexual harassment to your employer involves:
- Documenting each incident of sexual harassment, including the time and date
- File a formal complaint with your supervisor, human resources, or through another reporting method specified in your employee handbook.
- Keep copies of all communications.
If your employer fails to act or retaliates against you for filing a complaint, you can file a lawsuit against them and the harasser.
Filing an Administrative Complaint with the CRD or EEOC
Before filing a lawsuit in court, California law requires you to first file an administrative complaint with:
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California Civil Rights Department (CRD)
In California, most sexual harassment claims are filed with the CRD. You have up to three years from the date of the last harassment incident to submit your claim. You can submit your claim to the CRD online through their website or by mail.
After receiving your complaint, the CRD will conduct an investigation. The investigation aims to determine the extent of the harassment and the accuracy of the allegations. The CRD can offer mediation services, which allow you to resolve the issue with your employer out of court. Alternatively, they can issue you with a right to sue. After receiving the Right-to-Sue letter, you can proceed with a civil lawsuit.
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Federal EEOC
You can also file a claim with the EEOC if you are a victim of sexual harassment. This applies if you are pursuing a claim under federal law. You must file an EEOC complaint within 300 days of the harassment. You can file it online, by mail, or in person. If the EEOC accepts your complaint, it will investigate it, attempt conciliation, or issue a Right-to-Sue letter.
The EEOC and CRD have a work-sharing agreement. Therefore, filing your complaint with one often satisfies the requirements of both agencies. After receiving the right to sue, you have up to 90 days to file a sexual harassment lawsuit.
Hiring an Attorney
If you are pursuing a lawsuit for sexual harassment in the real estate office, you will need the guidance of a reliable attorney. Your attorney will:
- Assess the strength of your case.
- Help collect and preserve evidence.
- File the lawsuit on your behalf.
- Negotiate a settlement or represent you in court.
Many attorneys take these cases contingently, meaning you only pay them if you win or settle.
Filing the Lawsuit in Civil Court
Once you receive your Right-to-Sue notice, your lawyer will file a civil complaint. The lawsuit can be filed in California Superior Court or federal court, depending on the facts and jurisdiction. The lawsuit must detail:
- The facts of the harassment.
- The legal basis for the claim includes CRD or Title VII violations.
- The compensation you are seeking.
Your employer or other defendants are served with a notice of the lawsuit and given some time to respond.
Discovery and Pretrial Motions
After filing a lawsuit, you enter the discovery phase of your case. During the discovery phase, each side gathers evidence, including:
- Deposition testimony from you, witnesses, and the accused harasser.
- Documents such as emails, HR reports, or security footage.
Sometimes, pretrial motions are filed. For instance, the employer might request to dismiss the case before trial by arguing that insufficient evidence supports the allegations.
Settlement Negotiations or Mediation
Most sexual harassment cases settle before trial. The settlements may occur:
- During the administrative stage with the CRD or EEOC.
- During discovery, after key facts are revealed.
- Before the trial, to avoid court costs.
Settlements may include financial compensation and reinstatement.
Going to Trial
If you do not settle in mediation, the case proceeds to trial. In a sexual harassment lawsuit, you will present the evidence of harassment. If you file a lawsuit against your employer, you can argue that they knew of the sexual harassment. Additionally, you can show that they failed to take the proper steps to address it.
In a sexual harassment lawsuit, the judge will determine the amount you deserve for compensation.
Appeals
If you disagree with the court's decision on your lawsuit, you can appeal the decision to a higher court.
Compensation Benefits in a Workplace Sexual Harassment Lawsuit in California
Workplace sexual harassment is prohibited under California and federal laws. Victims of sexual harassment in the workplace have the right to pursue legal action. In a successful lawsuit, you could receive the following compensation benefits:
Economic Damages
These benefits are designed to compensate victims for the financial losses caused by the harassment. They include:
- Lost wages. Sexual harassment can cause you to miss work due to trauma or while seeking medical attention. Additionally, it can result in termination, demotion, or missed promotions. Under these circumstances, you could recover compensation for the lost amount during the missed workdays. The compensation will cover the past, current, and future lost earnings.
- Medical expenses. Sexual harassment at the real estate office can range from offensive remarks to sexual assault. For this reason, a victim may need to seek medical attention. In a successful lawsuit, the court awards compensation for the medical bills.
- Job search costs. If you have to leave or lose your job due to sexual harassment at the workplace, you may need to find another job. In your lawsuit, you can recover compensation for finding new employment.
Non-Economic Damages
Non-economic damages compensate for intangible harms caused by sexual harassment. It includes:
- Emotional distress. California courts may award damages for mental anguish, depression, or trauma caused by the harassment.
- Pain and suffering. Sexual harassment can cause humiliation, damage to reputation, and a general impact on the victim’s quality of life. In your lawsuit, you can seek compensation for these damages.
There is no statute of limitations for seeking non-economic damages in a workplace sexual harassment case. The extent of the compensation you could receive depends on the severity of the conduct and its impact.
Punitive Damages
Sometimes, the court can award punitive damages in your workplace sexual harassment lawsuit. Punitive damages do not compensate you for your losses or injuries. Instead, it aims to punish the wrongdoer and deter similar conduct in the future.
In California, the court will award punitive damages if your employer or harasser acted with malice or oppression. These damages require a higher standard of proof. Therefore, you will need the guidance of a skilled lawyer to pursue them.
Attorney’s Fees and Legal Costs
Under California’s Fair Employment and Housing Act, a plaintiff who wins a sexual harassment lawsuit can recover reasonable attorney’s fees and court costs. The compensation encourages victims to assert their rights.
Equitable Relief
In addition to financial compensation, courts may order employers to take corrective action. They include:
- Reinstating the employee
- Providing harassment training
- Changing workplace policies
- Taking appropriate measures against the harasser
These remedies aim to prevent future harassment and create a safer work environment.
Find a Competent Sexual Harassment Defense Attorney Near Me
Workplace sexual harassment causes severe mental, emotional, and career struggles for a real estate agent. Fortunately, California and federal laws protect all workers from all workplace harassment. Additionally, they provide a solid framework to pursue justice for victims of sexual harassment.
If you are a victim of workplace sexual harassment in the real estate industry, you can report the incident to your employer. If they fail to address it, you could report to the EEOC or the CRD, which issues you a right to sue. With the right to sue, you can file a lawsuit against the harasser or your employer.
A successful lawsuit will result in compensation for lost wages, emotional distress, and medical expenses resulting from the sexual harassment. Filing a workplace sexual harassment lawsuit requires careful documentation and adherence to deadlines. For this reason, you will benefit from the expert legal insight we offer at the Sexual Harassment Attorney. Call us at 800-905-1856 to discuss your case.
