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Sexual Harassment Lawyer in San Bernardino County

Addressing Workplace Sexual Harassment in San Bernardino County: Know Your Rights Under California Law

In the bustling Inland Empire region of Southern California, San Bernardino County stands as a hub of economic activity, with major employers in logistics, healthcare, manufacturing, and retail driving the local economy. From massive warehouses in Fontana and Ontario to medical centers in Colton and educational institutions like California State University, San Bernardino, thousands of residents commute daily—often facing an average of 30 minutes on the road—to support their families. Yet, amid this industrious landscape, a persistent shadow looms: workplace sexual harassment. Despite decades of legal protections and heightened awareness from movements like #MeToo, sexual harassment remains alarmingly common, affecting 81% of women and 43% of men in California over their lifetimes.

As a San Bernardino County resident or worker, understanding your rights is crucial. This post explores California's robust California laws against workplace sexual harassment, local trends, and actionable steps to protect yourself. Whether you're a warehouse worker enduring inappropriate comments or an office professional facing unwanted advances, know that the law is on your side—and help is available right here in our community.

What Constitutes Sexual Harassment in the California Workplace?

Under California law, sexual harassment is broadly defined as any unwelcome conduct based on sex that creates an intimidating, hostile, or offensive work environment. The state's Fair Employment and Housing Act (FEHA) prohibits it in all workplaces, regardless of size—even those with just one employee—offering stronger protections than federal law. Two primary forms are recognized:

  • Quid Pro Quo Harassment: This occurs when job benefits (or threats of denial) are conditioned on sexual favors. For example, a supervisor in a San Bernardino logistics center might imply a promotion is tied to a date or threaten termination for refusal. Employers are strictly liable for supervisors' actions in these cases.
  • Hostile Work Environment: Repeated or severe unwelcome behavior that interferes with your ability to work, such as leering, suggestive jokes, explicit emails, unwanted touching, or displaying offensive images. It doesn't require a direct employment threat; the conduct must simply be pervasive enough to make the workplace intolerable.

Harassment can come from anyone—coworkers, supervisors, clients, or vendors—and affects all genders, including same-sex harassment. In San Bernardino County's key industries like healthcare and transportation, where shift work and power imbalances are common, these issues can be exacerbated. Recent data shows a positive trend: the county's sexual violence rate dropped 28% from 2022 to 2023, but underreporting remains a challenge, especially among vulnerable groups like temporary workers and undocumented immigrants.

Your Legal Protections and Employer Responsibilities

California's FEHA, enforced by the California Civil Rights Department (CRD, formerly DFEH), complements federal Title VII of the Civil Rights Act. Key protections include:

  • No Retaliation: Employers cannot fire, demote, or punish you for reporting harassment, participating in investigations, or refusing advances. Whistleblowers are safeguarded, and non-disparagement agreements cannot silence you about illegal acts.
  • Mandatory Policies and Training: Every employer must have a written anti-harassment policy in employee handbooks and provide interactive training (at least two hours annually for supervisors).
  • Time Limits: File a CRD or EEOC complaint within three years of the last incident. The agency investigates and may issue a "right-to-sue" letter for court action.

Remedies can include back pay, emotional distress damages, punitive awards, and attorney fees. In severe cases, like workplace assault, criminal charges may apply alongside civil claims.

Steps to Take If You're Experiencing Harassment

Don't suffer in silence—prompt action strengthens your case. Here's a roadmap:

  1. Document Everything: Note dates, times, witnesses, and details of incidents. Save emails, texts, or photos.
  2. Report Internally: Notify your supervisor, HR, or follow the company's policy. If no response, escalate.
  3. Seek External Help: File with the CRD (crd.ca.gov) or EEOC (eeoc.gov). Consult with the Law Office of Ryan McClure for a free evaluation. 
  4. Prioritize Your Well-Being: Access employee assistance programs (EAPs) or counseling. 

Remember, you deserve a safe workplace. Retaliation is illegal, and early intervention can prevent escalation.

If you or a loved one has suffered sexual harassment in the California workplace please call our office today for a FREE consultation and protect your California workplace rights.