Claims of discrimination and sexual harassment occur in all sectors of the economy, including in the real estate industry. They affect real estate brokers, appraisers, property managers, and agents. Government agencies, like the Department of Fair Employment and Housing (DFEH), which is a part of the Civil Rights department, enforce laws that protect workers from discrimination and harassment. They require employers to provide a safe work environment and educate employees about their rights.
Sadly, cases of sexual harassment are still rampant, even with all the protective laws in place. However, some cases are genuine, while others are unsubstantiated. An unsubstantiated claim can harm an employer if they are falsely or mistakenly accused of sexual harassment. Just like employees, you must know how to protect yourself as a real estate agent who is facing sexual harassment allegations in San Diego.
At Empower Sexual Harassment Attorneys, we know how damaging such allegations can be, especially to your career. We can investigate the matter on your behalf, gather evidence, and fight any unfair or untrue claims for a reasonable outcome in your case. We will protect your rights and help you navigate all legal processes smoothly.
An Overview of California Laws Against Workplace Sexual Harassment
Workplace sexual harassment, as defined under the Civil Rights Department, occurs when a person in authority, like an employer, requests sexual favors or displays unwelcome sexual behavior that creates a hostile working environment for one or all workers. Sexual harassment can take several forms, including physical conduct or verbal utterances. Some employees may be exposed to displays of a sexual nature that make them uncomfortable while performing their duties. Other employees exhibit some forms of workplace sexual harassment. This can become the employer’s fault if there is negligence, since the law mandates employers to create conducive work environments for all workers.
Sexual harassment laws protect all workers. They also cover all forms of harassment, including hostile work environments and quid pro quo sexual harassment. California employers are responsible for addressing and preventing sexual harassment issues in their workplaces. They must train all workers on acceptable and unacceptable behavior, provide clear policies against discrimination and harassment, and take action when a worker complains about the vice. Employers must ensure all their workers know the communication channels they can use in case of sexual harassment in their workplaces. Employers are legally obligated to investigate complaints and take appropriate action to protect the worker and prevent further harassment.
Workplace sexual harassment laws protect all workers from different sectors, including the private and public sectors. They also protect junior and senior employees, including interns, volunteers, independent contractors, and job applicants. No one is exempt from these laws, including supervisors, job agents, or senior managers. Employers are liable for all resulting damages if there is evidence that they knew, or should have reasonably known, about the harassment and failed to stop the harasser or protect the alleged victim.
If you have five or more workers under your supervision as a real estate agent, you must provide them with sexual harassment education. The training helps them identify various forms of sexual harassment that they can encounter in the workplace and know what to do to protect themselves. Supervisory employees must receive more training to ensure junior employees are safe as they discharge their daily duties. When a new employee is hired, they must also receive the necessary training and be issued a policy that provides information regarding workplace sexual harassment in detail.
Additionally, employers must protect employees against retaliation for speaking up or acting against workplace sexual harassment. Employers must not retaliate against employees for reporting harassment or assisting others in reporting it. If an employee decides to file a claim with CRD, you should be at the forefront to ensure they receive the necessary support for a favorable outcome. If you are the alleged offender (employer), you should not take action against the employee for filing a claim against you. However, you can talk to a competent sexual harassment attorney to understand your rights and strategies to fight for a favorable outcome.
Sexual Harassment Claims Against Real Estate Agents
A real estate agent plays a critical role in the real estate industry. They help investors sell, buy, or rent real estate properties. They also act as intermediaries between buyers and sellers and guide their clients through the processes involved, including consultation, negotiations, and closing deals. As a real estate agent, you work closely with buyers to understand their needs, help them search for properties, and prepare documents. You also help them do due diligence and close deals. You give the same attention to sellers by providing the support they need to identify and close deals with potential buyers.
A real estate agent also works very closely with other players in the industry, including property managers, brokers, appraisers, and senior and junior workers. You have a team under your supervision if you run a real estate agency. They, too, rely on the close working relationship they enjoy with you to deliver quality and effective services every day. However, a close working relationship can sometimes cause problems if you are accused of sexual harassment or held responsible for not taking action against a victim of sexual harassment in your workplace.
The people who work under you, or in your agency, rely on you for a safe and conducive workplace. You should not harass or discriminate against them, regardless of their religious beliefs, sexual preferences, nationality, race, or gender. Creating a safe workplace also means ensuring your other employees and clients do not harass your workers. You should have policies regarding workplace sexual harassment that everyone who works with you must know about. The policy must detail what sexual harassment entails, the employee rights, and how they should report it.
If you suspect that one or more of your workers are experiencing sexual harassment or receive a report about it, you should act swiftly to stop the harassment and protect your workers. You can do this by taking disciplinary action against the perpetrator. If a worker reports to you and you fail to take action, they have the right to file a claim with the Civil Rights Department. This government agency enforces employment laws under the Fair Employment and Housing Act. These laws prohibit harassment and discrimination against workers. The agency also investigates claims against employers who harass or fail to protect employees against hostile work environments.
A worker can file a claim against you with the CRD if you perpetrate sexual harassment against them or their colleagues or fail to protect them against sexual harassment. They can file a claim if you violate the workplace sexual harassment policy. If the CRD investigates the matter and finds you culpable of the allegations filed against you, you will be held responsible for all the resulting damages. The CRD can also take disciplinary action against you or compel you to reverse some changes in your workplace, including reinstating the alleged victim or restoring them to their initial position.
A sexual harassment allegation is a grave matter because it can affect various aspects of your life, including your social and professional lives. It puts your integrity and reputation at risk. However, you can obtain a favorable result if you involve a skilled sexual harassment attorney at the beginning of the matter. Consult an attorney immediately after learning that your worker has filed a sexual harassment claim against you with the CRD. They will review the matter to determine the claim’s credibility and advise you on your options. An attorney will also ensure you know your civil rights. They will work with you to fight for the best possible outcome in your case.
Possible Consequences of a Sexual Harassment Claim Against a Real Estate Agent
When a worker files a sexual harassment claim against you with the CRD, it helps to find out the possible consequences of such an allegation against you as a person, your business, and the real estate industry at large. This could help you make an informed decision on what to do to better the situation or what not to do to avoid aggravating the matter. It also helps you plan your defense well by hiring a competent attorney and reviewing your options for a favorable outcome.
Remember that the CRD will investigate the matter once it receives a sexual harassment claim against you. The department does this to determine the credibility of the case and gather evidence. Although workers are encouraged to provide enough evidence to support such allegations when filing their claims, CRD must seek independent proof and any other information that could help it make the proper judgment. This promotes fairness when determining workplace discrimination or harassment cases.
An investigation like this exposes you as an employer and your business. This can significantly damage your reputation, putting you at risk of losing current and potential clients. If the allegations are factual, and the department takes disciplinary action against you, repairing the damage to your business’s reputation could take time. This can be avoided if you act swiftly, with the help of your attorney, to settle the matter with the aggrieved worker.
You could also face legal repercussions if the aggrieved worker files a criminal case against you. They can do this if the sexual harassment amounts to a sex crime. If they report the matter to the police, you could be arrested and taken through a lengthy trial before the court gives a final verdict. If there is sufficient evidence against you, you could be sentenced to prison and severely fined. Other consequences of a criminal conviction will apply, including a damaging criminal record that will stain your reputation for years.
A sexual harassment claim can also result in financial penalties if the worker files a civil suit against you. This can happen if the CRD cannot solve the matter between you and your worker. The CRD can recommend mediation, whereby a mediator works with you and the worker to solve the matter out of court. If this does not work, the worker can seek the department’s go-ahead to file a lawsuit against you. From this lawsuit, they can recover damages resulting from the sexual harassment, including financial loss, stress, and anxiety.
Experienced sexual harassment attorneys understand how important it is for an employer to avoid these consequences. They will help you develop a strategy that will lead to a favorable outcome. For example, they can help with mediation or any out-of-court settlement before the matter escalates.
How To Win a Sexual Harassment Case
Winning a sexual harassment case should be very important to you as a real estate agent. You will safeguard your dignity and reputation, keep your business in the industry, and avoid other consequences, including financial penalties and criminal charges. However, you need the help of a competent attorney to obtain a favorable outcome in your case. Choose an attorney skilled and experienced in employment law and administrative processes following a harassment or discrimination allegation. They must also be available when the worker files a claim against you. You can work closely with your attorney to fight for the best outcome.
Thus, your first step in winning the case against you is hiring the best sexual harassment attorney. They will take time to understand the case, discuss your options, review possible defense strategies, and represent you during all administrative or legal processes. Contact an attorney immediately after the CRD notifies you of the allegations against you. You will receive this notification after your worker files it with the department, and the department decides to pursue it. Do not delay hiring an attorney to ensure you are well prepared when the CRD is ready to hold a hearing.
Your attorney will also have enough time to gather evidence and try negotiating for a settlement early in the process. Preparing well for the case, with your attorney’s help, also improves your chances of a favorable outcome. Here are other strategies that could favor your situation and result in a positive outcome:
Challenging the Objectivity of the Claim
A competent attorney will first evaluate the objectivity of your claim to determine its authenticity. While sexual harassment in workplaces is highly prohibited, not all sex-related acts or utterances amount to sexual harassment. In this evaluation, your attorney will focus on a reasonable-person standard, which is the standard by which harassment and discrimination cases are generally evaluated. In this case, they will determine whether the alleged conduct, which the worker considers offensive, is objectively offensive to other people. The claim against you is valid if the sexual behavior or utterance meets that standard. If not, the CRD must dismiss the claim.
However, this evaluation is not as straightforward as it seems. Your attorney needs evidence and compelling statements to support their argument and cause the CRD to dismiss the allegation. For example, they can bring the context in which the actions or utterances were made into perspective to determine if it was a pattern or an isolated matter. If the alleged harassment happened in a public space, your attorney can question the views of other people who were present.
Sometimes, the opinion of an expert witness is needed to determine the objectivity of a claim. The expert will analyze the conduct of the alleged perpetrator and the reaction of the worker to determine if indeed the actions or utterances are offensive enough to support a sexual harassment claim. If your attorney successfully challenges the objectivity of the claim, the CRD will dismiss it.
Proving that You Took Action
If you face sexual harassment allegations as an employer, it does not necessarily mean that you perpetrated the harassment. Remember that an employer is liable even if another worker is the perpetrator because they owe their employees a conducive work environment. A worker can file a claim against you for failing to put measures in place to protect them from harassment or for failing to take action after learning about the harassment.
Proving that you took or are in the process of taking action is an excellent strategy to use in this situation. An employer can take action against a sexual harassment perpetrator in many ways, including termination or taking away their authority. If the perpetrator is a senior supervisor taking advantage of their position to harass your workers, demoting them to a regular position, with a stern warning against further harassment, can be effective.
Remember that employers must have policies in place regarding workplace harassment and discrimination. Your action should be based on the policy, which all your workers must know. If the policy demands termination for anyone found guilty of sexual harassment, this is the action you should take to demonstrate that you took action to protect the victim.
Fighting the Allegation
Remember that not all workplace sexual harassment allegations are factual. It is not unusual for you or your employers to be falsely accused of sexual harassment. The alleged victim can file a false claim out of revenge, jealousy, or to gain an advantage over you for what you did or failed to do. For example, if you terminate a worker for failing to abide by your business’s policies, they can retaliate by accusing you or one of your workers of sexual harassment.
However, there should be irrefutable proof of your actions or inaction so that the CRD can take action against you. You can fight the claim by providing more information about the issue. With the help of a competent attorney, you can mount a solid defense against the allegations that could compel the CRD to dismiss the claim.
Other Strategies to Help You Win a Sexual Harassment Case
Remember that winning a sexual harassment case is critical in protecting your reputation as a real estate agent. Potential clients consider your integrity and reputation when choosing your agency to buy or sell real estate properties. Thus, you must act fast and effectively after learning that a worker has filed a sexual harassment claim against you. Hiring a skilled attorney should be the first step in preparing for defense. In addition to ensuring you have strong evidence and a defense against your allegations, they will protect your rights and guide you through all complex legal processes.
Additionally, you must be willing and ready to cooperate with the CRD throughout all your case processes. Remember that the department will want to investigate the matter before acting. An agent can contact you for information or supporting documents to help with the investigation. Failure to cooperate may be seen as obstructive. Provide the agency with all required information to facilitate a smooth investigation. Your cooperation can be considered after the investigation when the department makes its final ruling.
Follow proper procedures to avoid jeopardizing your case. Attempting to negotiate directly with the alleged victim could be considered coercion or harassment. If you need to communicate with the alleged victim, do so only through your attorney, who will advise you on appropriate actions. Failure to follow all due processes in matters like these can ruin your chances of obtaining a favorable outcome.
Finally, be truthful about everything. The agency employs competent investigators, and providing false information may compromise your case and hinder your defense. Do not be tempted to exaggerate the facts, too, as this can work against you.
Find an Experienced Sexual Harassment Attorney Near Me
If you are a real estate agent in San Diego and a worker files a sexual harassment claim against you, it can affect your reputation, cause you to lose your clients, and result in financial penalties or criminal charges. However, a skilled sexual harassment attorney can help you fight for the best possible outcome in your case.
At Empower Sexual Harassment Attorneys, we understand how impactful such allegations can be for a fully established agent in the real estate industry. We can review your situation, discuss your options, advise you on your rights, and develop the best fighting strategies for a favorable outcome. Call us at 619-604-3027 to learn more about us.
