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In the past, many people considered sexual harassment in the workplace to be a given, and just something that employees had to endure. Sexual harassment is no laughing matter, and is illegal under a number of state and federal laws. The State of California takes sexual harassment very seriously.

California law prohibits harassment, including sexual harassment, in the workplace, and employers face steep and serious fines and penalties if they are found to have committed sexual harassment, or allowed their supervisors, managers or employees sexually harass other employees. The State of California’s Fair Employment and Housing Act (Code Sections 12900 – 12996 and California Code of Regulations, Title 2, Sections 7285.0 – 8504) legally prohibit the harassment of employees, job applicants and independent contractors by any persons. Additionally, the law requires employers to take all reasonable steps to prevent harassment in the workplace. This includes requiring employers to take all reasonable steps to prevent sexual harassment in the workplace.

How sexual harassment is defined under the law

The law generally defines sexual harassment two ways:

  • Quid Pro Quo Harassment: this type of harassment occurs when sexual favors are demanded by an employer, a supervisor or a manager as a certain condition of employment (for example, to get hired, to be promoted, to receive better/more work hours, to avoid job termination, etc.)
  • Hostile Work Environment: a hostile work environment is created when an employer knowingly allows offensive, intimidating or otherwise hostile behavior and actions based on sex and sexual harassment to occur and continue.

Both types of sexual harassment can make going to work unbearable. Sexual harassment effects victims in many ways, and can cause lasting damage to those who experience it. Personal and professional reputations can be ruined, and many victims of sexual harassment suffer from anxiety, depression or other related medical conditions. Sexual harassment cases can be difficult to prove, and are often viewed by the general public as subjective matters. That is why you need an experienced and aggressive labor and employment lawyer on your side. You need someone who has a solid reputation for getting justice and compensation for victims of sexual harassment or discrimination: the law office of Robert David Baker, Inc. is that firm. We are staffed by caring, compassionate and experienced legal staff who are ready to hear the details of your case, and help you fight for justice under the law. We understand that no two cases are alike, and that facts and details are important. We are experienced investigators, and we understand the law.

If you are being sexual harassed at work, it is important that you document your harassment. You should work through your manager or supervisor (as long as they are not the one(s) who are harassing you), as well as your company’s human resources department. You may contact sexual harassment lawyer at the law office of Robert David Baker, Inc. either before you contact your company’s human resources department, or after you have. If your employer fails to take action on your claims, and fails to conduct a full and impartial investigation, you may have a claim under the law. Additionally, if you have evidence that shows or demonstrates sexual harassment, you should contact us immediately. There may be certain time limits to file a case, and we will need to work within those timeframes.

We have been working hard to get justice and compensation for both male and female victims of workplace sexual harassment and discrimination since 1981. We are proud to serve the San Jose and greater Bay Area community, and to work on behalf of those who need help and need the protection of the law. Call us today to schedule a free consultation.


Are you a San Jose or greater Bay Area employee who has faced job discrimination, workplace retaliation or job termination . .
Workers in the United States are protected by a number of state and federal laws aimed at keeping employers honest . .
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