Unfortunately, sexual harassment can happen anywhere, not just in the workplace. You may even experience sexual harassment by professionals you’re supposed to be able to trust, like dentists, doctors, psychotherapists, lawyers, real estate agents, landlords, or teachers.
California recognizes just how traumatic sexual harassment can be in these types of non-work relationships built on trust and respect. The law protects victims and gives them options.
Under California law, Civil Code Section 51.9, anyone who establishes a business, service, or professional relationship with you can be held liable for sexual harassment. That means you can sue for damages by filing a Sexual Harassment Lawsuit.
What Types of Professionals Are Prohibited From Sexual Harassment Under Section 51.9?
The law protects you from sexual harassment by anyone with whom you share a business, service, or professional relationship that cannot be terminated easily.
Section 51.9 includes (but is not limited to) the following types of professionals:-
Lawyers and social workers
Doctors, nurses, and other healthcare providers
Psychiatrists, psychotherapists, and other mental health care providers
Teachers or professors who sexually harass their students
Accountants, financial advisors, and financial planners
Building contractors and appraisers
Real estate agents and escrow loan officers
Landlords, building superintendents, and property managers
Many of the professionals on this list hold positions of power and trust over their clients. The law also includes any relationship that is substantially similar to those listed above.
Not All Professionals are covered under Section 51.9
However, Section 51.9 does not cover all professional relationships. The relationship must be the type that cannot be terminated easily or without significant cost.
For example, it’s easy enough to find a new plumber to fix issues around the house or a new landscaper to mow the lawn. If you experience sexual harassment in these cases, you have the power to terminate your relationship with that professional without losing much.
Although this doesn’t address the harassment you experienced, civil law considers the power to choose with your wallet a good enough remedy. If the sexual harassment was severe, you could take your case out of civil court to file criminal charges for assault or battery.
When Can You Sue Professionals for Sexual Harassment?
Under Section 51.9, you may sue for damages if you can prove that you suffered a personal injury or an economic loss or disadvantage because of the harassment.
The injuries you suffer could be emotional distress or even the violation of a legal right – for example, the right to be free of gender discrimination in housing.
When it comes to discrimination or harassment in the workplace, employees must usually take certain steps to report the behavior before escalating their claims in court. In contrast, if you have a claim for sexual harassment against a business or service professional under Section 51.9, you can file a lawsuit directly with the Superior Court of California.
How a Sexual Harassment Attorney Can Help
Going up against a sexual harasser isn’t easy, especially when your relationship is based on trust or a power imbalance.
At Marcarian Law Firm, P.C., our legal team is in your corner at all points in the lawsuit process. We put together your strongest possible case from the beginning. That way, your sexual harasser knows you have the evidence to back up your claims. The more you can convince them that you will win in court, the more likely your harasser is to make a proper settlement offer.
Call Marcarian Law Firm, P.C. now at 818-995-8787 for a FREE consultation of your case by an experienced personal injury and Sexual Harassment Attorneys who can help.
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