What the claim involves
A private review, at your pace.
Many people wait months or years before telling anyone about harassment or an assault. That is common. Deadlines do apply, though, and they differ by claim, so an early confidential review can keep options open. Start with your safety and your health. When you are ready, the first conversation is private. It covers what happened, who may be responsible, and what you want to happen next. Nothing is filed unless you decide to go forward.
Kyle Scott has practiced law since 1991 and has run his own firm since 2003. He looks at the person who caused the harm and at any employer, landlord, school, or other institution that knew or should have known and failed to act. If you are looking for a sexual harassment attorney in Santa Ana, your first conversation is with Kyle Scott himself.
Harassment at work
California’s Fair Employment and Housing Act bars harassment because of sex by employers with even one employee, and it protects employees, applicants, unpaid interns, volunteers, and people providing services under a contract (Government Code § 12940(j)). The conduct need not be motivated by sexual desire, you do not have to lose pay or a promotion to have a claim, and a single incident of harassing conduct can be enough to create a triable issue of a hostile work environment (§ 12923). For a coworker or customer, the employer is liable if it knew or should have known and failed to take immediate and appropriate corrective action, and retaliation for complaining is a separate violation. A complaint to the Civil Rights Department can be filed within three years of the harassment (§ 12960), and after the department issues a right-to-sue notice, a lawsuit generally must be filed within one year of the notice (§ 12965).
Harassment by a professional or landlord
Civil Code § 51.9 reaches sexual harassment outside the workplace, in relationships with people such as doctors, therapists, lawyers, landlords, property managers, and teachers, when the conduct is unwelcome and pervasive or severe and causes harm such as economic loss or emotional distress.
Sexual assault and battery
A civil claim can seek compensation from the person who committed an assault, and sometimes from an employer or institution that failed to protect you. Civil Code § 1708.5 allows a claim for sexual battery, with general, special, and punitive damages. A claim for a sexual assault that happened at 18 or older generally must be filed within 10 years of the last act, or within three years after discovering an injury caused by it, whichever is later (Code of Civil Procedure § 340.16). Some older claims were revived for limited periods, so confirm the dates for your claim early. Claims for childhood sexual abuse follow their own filing rules, which are explained on the firm’s child sexual abuse page.
Employers, agencies, and privacy
The State, counties, cities, and school districts are employers under the same harassment rules, and other claims against a public entity, such as a sexual battery claim based on an employee’s conduct, generally require a written government claim within six months (Government Code § 911.2). Federal employees generally use the federal EEO process, which starts with contacting an agency EEO counselor within 45 days. A court may allow a survivor to proceed under a pseudonym, and a settlement generally cannot keep the facts of a filed harassment or assault claim secret, though you can ask that it shield your identity (Code of Civil Procedure § 1001). Unlimited civil cases are heard at the Central Justice Center, 700 Civic Center Drive West, Santa Ana. If you are in danger, call 911.
Cases the firm reviews
Common sexual harassment & abuse matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common sexual harassment & abuse questions.
Common questions
Questions about sexual harassment & abuse claims.
Do I need a lawyer to file with the Civil Rights Department?
No. You can submit an intake form to the Civil Rights Department yourself, online or by phone, within three years of the harassment. A lawyer can help you decide whether to request an investigation or an immediate right-to-sue notice, identify every responsible party, and meet the one-year lawsuit deadline that follows the notice. A consultation with Kyle Scott Law is free and confidential.
Can one incident count as sexual harassment in California?
It can. Government Code § 12923 says a single incident of harassing conduct can be enough to create a triable issue of a hostile work environment, depending on the totality of the circumstances. The harassment need not be motivated by sexual desire, and you do not have to show lost pay or a missed promotion. Unwanted touching of an intimate part can also support a separate sexual battery claim under Civil Code § 1708.5.
I work for the County, a school district, or the City of Santa Ana. Is my claim different?
Parts of it can be. The harassment rules apply to public employers, and those claims start with the Civil Rights Department. But other claims against a public entity, such as a sexual battery claim based on an employee’s conduct, generally require a written government claim within six months under Government Code § 911.2. Federal employees, including postal workers, generally must contact an agency EEO counselor within 45 days.
What if a doctor, landlord, or teacher harassed me?
Civil Code § 51.9 covers sexual harassment in business, service, and professional relationships, including with physicians, psychotherapists, attorneys, landlords, property managers, teachers, and elected officials. The conduct must be unwelcome and pervasive or severe, and it must cause harm, such as economic loss or emotional distress. A complaint about this kind of harassment can also be filed with the Civil Rights Department within three years.
Will my name become public?
The consultation is confidential. If a lawsuit is filed, a court may allow you to proceed under a pseudonym. Under Code of Civil Procedure § 1001, a settlement generally cannot bar disclosure of the facts of a sexual harassment or sexual assault claim filed in court or with an agency, but you can ask for a provision that shields your identity. Exceptions apply when a government agency or public official is a party.
Is a civil case separate from a criminal case?
Yes. A criminal case is brought by the government and focuses on punishment. A civil case is brought by the survivor and seeks compensation and accountability, sometimes from an employer or institution as well as the person who caused the harm. The two can move forward at the same time. You can report to the Santa Ana Police Department or another agency and still speak with a lawyer.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- California Government Code § 12940 (unlawful employment practices, including harassment)
- California Government Code § 12923 (single incident of harassing conduct)
- California Government Code § 12926 (definition of employer)
- California Government Code § 12960 (complaint to the Civil Rights Department)
- California Government Code § 12965 (right-to-sue notice and civil action)
- California Government Code § 911.2 (six-month presentation period)
- California Civil Code § 51.9 (sexual harassment in business, service, and professional relationships)
- California Civil Code § 1708.5 (sexual battery)
- California Code of Civil Procedure § 340.16 (sexual assault of an adult)
- California Code of Civil Procedure § 1001 (settlement agreements and disclosure)
- California Civil Rights Department — the complaint process
- 29 C.F.R. § 1614.105 (federal sector EEO pre-complaint processing)
- Orange County Superior Court — court designation list
Related practice areas