619-342-8000Unwanted
Physical Touching
Attorneys in San diego
No one goes to work expecting to be touched in a way that feels violating, confusing, or unsafe. When it happens, the experience often stays with you long after you leave the building. You may replay it, question whether it was “that serious,” or wonder whether speaking up is worth the risk. Those reactions are normal, and they do not diminish what happened.
The San Diego unwanted physical touching attorneys at Haeggquist & Eck help workers through this experience and understand the options available to them. Call (619) 342-8000 to speak with a trusted and trauma-informed lawyer.
Never endure unwanted touching at work – take action by seeking advice from unwanted physical touching attorneys in San Diego as soon as possible.
A Trauma-Informed Approach to Unwanted Physical Touching Cases
Talking about unwanted physical contact at work is difficult. Many San Diego employees who reach out to a lawyer about this are doing so for the first time. They are often unsure whether what happened rises to the level of a legal claim, and they may feel anxious about what the process involves.
Haeggquist & Eck approaches every conversation with that reality in mind.
Founded in 2008 by Managing Partner Alreen Haeggquist, the firm is women-owned and built around a trauma-informed model. That means the way we work is shaped by how these experiences actually affect people.
- Smaller caseloads per attorney. Each client works directly with their attorney rather than being passed between team members. You are not a file number, and your case is not one of hundreds.
- Communication at your pace. Some clients want frequent updates. Others need space between conversations. We follow your lead and adjust as the process unfolds.
- Safety as a starting point. Before discussing legal strategy, we focus on making sure you feel grounded enough to share what happened. No one is pressured to disclose more than they are ready to.
Our unwanted physical touching lawyers handle workplace sexual harassment, discrimination, and retaliation matters for San Diego employees. Every case receives individualized attention because the facts, the workplace dynamics, and the impact on each person’s life are different.
What Counts as Unwanted Physical Touching at Work?
Many people who experience unwanted touching at work struggle with the same question: Was that really harassment? The answer depends on the circumstances, but California law defines the boundary more broadly than most employees realize. You do not have to experience overt assault.
Contact That Crosses Professional Boundaries
Workplace culture sometimes treats certain physical gestures as harmless. A hug at the end of a meeting, a hand on the small of your back as you walk through a doorway, a shoulder rub you did not ask for. These moments may feel uncomfortable without feeling dramatic enough to name.
But when contact like this is unwanted and connected to sex, gender, or a workplace power dynamic, it may rise to the level of harassment under FEHA.
The following types of physical contact are among the most commonly reported in San Diego workplace harassment claims:
- Hugging without consent, or continuing to hug after being asked to stop
- Kissing on the cheek, forehead, or hand in a professional setting
- Stroking, rubbing, or massaging someone's arm, back, neck, or shoulders without invitation
- Holding someone's hand, placing a hand on their thigh or knee, or linking arms
- Pressing against someone's body in passing, blocking movement with physical closeness, or bumping hips repeatedly
None of these actions need to involve intimate body parts to support a harassment claim. What matters is whether the contact was unwelcome and whether it was severe enough or frequent enough to change how you experienced your workplace.
If you are unsure whether what happened to you fits this description, that uncertainty is not a reason to dismiss it. It may be a reason to talk to someone who handles these situations.
When Physical Contact Becomes Sexual Battery
Some forms of unwanted touching cross the line from workplace harassment into criminal conduct. Under California law, sexual battery generally involves intentional touching of intimate body parts, including the groin, buttocks, breasts, or sexual organs, without consent and for sexual arousal, sexual gratification, or sexual abuse.
When unwanted touching at work reaches this level, it may give rise to both a criminal matter and a civil employment claim. The two processes are separate, and pursuing one does not prevent pursuing the other, and you do not have to choose between them.
Do you have questions? Call (619) 342-8000 to speak confidentially with an unwanted physical contact attorney in San Diego about a possible workplace harassment claim.
Ask Haeggquist & Eck
Q: Is unwanted touching at work always considered sexual harassment in California?
No, not all unwanted physical contact at work meets the legal definition of sexual harassment. The contact generally needs to be unwelcome, connected to sex or a related protected characteristic, and severe enough or frequent enough to interfere with working conditions.
Q: What if the person who touched me says it was just a joke or meant nothing?
Intent does not determine whether conduct qualifies as harassment under California law. FEHA focuses on whether the contact was unwelcome and whether it affected the work environment, not on how the person responsible characterizes it. A pattern of “friendly” physical contact that continues after you express discomfort may strengthen a claim.
Q: Do I have to report to HR before talking to a lawyer?
California law does not require you to go through your employer’s internal complaint process before consulting an attorney or filing with CRD. Internal reporting may create useful documentation, but it is not a prerequisite for legal action. Many people find it helpful to speak with an attorney first to understand what steps make sense for their situation.
How Does California Law Protect Employees from Sexual Harassment?
If you have experienced unwanted physical touching at work in San Diego, California law provides protections that go beyond what federal law offers. Understanding the framework may help you feel more grounded as you weigh your options.
FEHA’s Protections Against Physical Harassment
California’s FEHA (Government Code § 12940) prohibits workplace harassment based on sex, gender, gender identity, gender expression, and sexual orientation, among other protected categories. Physical touching tied to any of these categories may be actionable.
One detail that surprises many people: the touching does not need to be motivated by sexual desire to qualify as sexual harassment under California law. Contact used to intimidate, assert power, or humiliate someone on the basis of sex may still violate FEHA.
This broadened standard, established through SB 292, means more situations qualify than most employees expect.
What are Your Employer’s Legal Obligations?
California holds employers strictly liable for harassment committed by supervisors. That means your employer may be legally responsible for a supervisor’s unwanted physical contact even if no one in management knew it was happening.
For harassment by coworkers or third parties such as clients or vendors, the standard is different. Your employer may face liability if it knew or reasonably should have known about the conduct and failed to act.
Under Government Code § 12940(k), every California employer has an affirmative duty to take reasonable steps to prevent and correct harassment. This obligation applies across San Diego’s workforce, from hospitality and healthcare to government, defense, education, and tech. No industry is exempt.
Preserving a Record of What Happened
You do not need a perfect file of evidence to move forward. But creating some form of record, even a simple one, may help if you decide to report what happened or consult an attorney later.
If it feels manageable, the following steps may be helpful. There is no pressure to do all of them, and any documentation is better than none:
- Writing down what happened as close to each incident as possible, including dates, times, locations, and any words that were exchanged
- Saving any text messages, emails, or other communications where the touching was referenced, discussed, or reported
- Making a note of anyone who was present during the contact or who you told about it afterward
- Keeping copies of any internal complaints you filed, HR responses you received, or workplace policies related to harassment
- Tracking any changes in your work conditions, assignments, schedule, or treatment that followed a report or complaint
Even partial records may carry more weight than you expect. A few saved texts, a written timeline, and one witness who noticed what happened may be enough to start a meaningful conversation about options.
What are the Reporting Options for San Diego Employees?
You have more than one path available, and you do not have to follow them in any particular order. Some employees report unwanted physical contact and sexual harassment internally first. Others go directly to a state agency or speak with an attorney before making any formal report.
Speaking With an Employment Attorney
Consulting a San Diego employment attorney before taking any other step may help you understand your rights, evaluate the strength of your situation, and decide which reporting path makes sense.
You do not need to have a complete account of every incident, and you do not need to be certain that what happened qualifies as harassment. That is what the conversation is for.
A lawyer can also help you anticipate how your employer might respond to reports of unwanted physical contact and prepare accordingly.
Internal Reporting
Most California employers are required to have written harassment prevention policies and complaint procedures. Filing an internal complaint puts your employer on formal notice that the contact occurred.
Once notified, FEHA requires the employer to take immediate and appropriate corrective action. If your employer fails to respond, dismisses your complaint, or retaliates against you for reporting, that response may itself become the basis of additional legal claims.
The California Civil Rights Department
The California Civil Rights Department (CRD) is the state agency that enforces FEHA. You may submit an intake form to CRD to begin the complaint process. CRD asks for information about what happened, who was involved, and any supporting documentation you have.
California provides a three-year window from the last incident to file with CRD. After CRD issues a Right-to-Sue notice, you generally have one year to file a civil lawsuit.
The EEOC
The Equal Employment Opportunity Commission (EEOC) enforces federal workplace harassment protections under Title VII of the Civil Rights Act. Federal filing deadlines are shorter than California’s. Employees who may want to pursue both state and federal claims benefit from understanding how the timelines interact.
Why Many San Diego Employees Wait to Report Unwanted Touching
Many survivors of unwanted physical touching at work wait weeks, months, or longer before talking to anyone about what happened. That delay is far more common than most people realize, and it does not mean the experience was less serious or that a legal claim is off the table.
Common reasons for delaying reporting may include:
- Fear of Retaliation at Work: Worrying that speaking up may lead to termination, a schedule change, a poor review, or being quietly pushed out is one of the most common reasons employees stay silent. California law specifically prohibits retaliation against workers who report harassment.
- Uncertainty About Whether It “Counts”: Many people question whether what happened was serious enough to qualify as harassment. The legal threshold under FEHA may be lower than you think, and our San Diego unwanted physical touch lawyers can help you evaluate the facts without pressure to commit to anything.
- Concern About Being Labeled a Troublemaker: Workplace dynamics often make people feel that reporting will change how colleagues and supervisors see them. An employer that treats you differently after you report harassment may be violating the law.
- Wanting to Move On Without Reliving It: Some employees avoid reporting because they do not want to revisit the experience in detail. Haeggquist & Eck’s trauma-informed legal process accounts for this, allowing clients to share information at their own pace and ensuring no one is pressured to disclose more than they are ready to discuss.
California provides a three-year window from the last incident to file a complaint with the Civil Rights Department. That timeline reflects the reality that processing these experiences takes time. Hesitation does not weaken a potential claim, and reaching out when you are ready is what matters most.
FAQs for San Diego Unwanted Physical Touching Attorneys
What damages might be available in a physical harassment claim?
Employees who prevail on a physical harassment claim under FEHA may recover compensation for lost wages, emotional distress, and in some cases punitive damages. California does not cap compensatory or punitive damages in FEHA cases.
Does unwanted touching have to happen more than once to be illegal?
Not necessarily. A single incident of unwanted physical contact may be sufficient to support a harassment claim if the conduct is severe enough. California law does not require a repeated pattern when the contact is particularly egregious.
What if the person who touched me is not my direct supervisor?
FEHA protects employees from harassment by supervisors, coworkers, and third parties such as clients, customers, or vendors. The employer’s liability may differ depending on who committed the conduct, but your right to a harassment-free workplace applies regardless of the harasser’s role.
What if I did not say “stop” or physically resist?
That’s okay. Silence or a lack of physical resistance does not mean the contact was welcome. Many people freeze, feel unsure how to react, or worry about consequences at work. California law evaluates whether contact was unwelcome based on the full picture of what happened, not solely on whether you objected verbally in the moment.
You Do Not Have to Have It All Figured Out. We’re Here to Help.
Alreen Haeggquist,
Unwanted Physical Touching
Attorneys in San Diego
Many people who contact our office are unsure whether what they experienced qualifies as harassment. Some feel guilty for not speaking up sooner. Others worry that reaching out will make things worse at work.
Those feelings are valid, and they are not a barrier to getting answers.
Haeggquist & Eck is a women-owned San Diego firm that takes a trauma-informed approach to every workplace harassment matter. We prioritize your safety, your pace, and your clarity about what comes next.
If you are a survivor of unwanted physical touching at work and want to understand your options, Haeggquist & Eck can help you take the next step. Call (619) 342-8000 now to speak to our San Diego unwanted physical contact lawyers.
What Our Clients Say
TESTIMONIALS
Christy, Thank You!
Christy has been such an amazing help and resource over the years.
Christy was just amazing.
Christy, thank you so much!
Christy Heiskala is the Best!!
The experience more than exceeded my expectations.
His legal representation restored my faith in the justice system.
Bless Christy Heiskala and the entire Haeggquist & Eck, LLP team for their consistent and enduring support.
I am lucky to have found your firm and grateful that you took my case.
Your professional approach and seasoned advice were instrumental in bringing my issues.
We overwhelmingly recommend your counsel.
You will get the best possible service with this firm!
I recommend Haeggquist & Eck to anybody needing legal representation.
- 619-342-8000
- 225 Broadway, #2050 San Diego, CA 92101
