Enduring sexual harassment in the workplace can be an overwhelming, frustrating, enraging, and humiliating experience. You should never have to worry about harassment in the workplace while you are trying to do your job. You should never have to feel uncomfortable in your workplace because of somebody else’s harassing actions. Understanding the California sexual harassment laws can make it easier to identify when somebody is harassing you.
California law protects all employees, including those in:
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Private companies
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State and local government jobs
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Employment agencies
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Labor organizations
This includes protection for employees regardless of their gender, sexual orientation, or other characteristics.
What Exactly Is Sexual Harassment?
Sexual harassment is any sort of unwelcome or unwanted sexually charged behavior. It is intended to create an uncomfortable atmosphere and make the one being targeted feel small. Sexual harassment occurs daily in workplaces around the world. It might even be happening in your workplace, but it might be so ingrained into your company’s work culture that you may not even be aware that it’s happening.
Sexual Harassment Laws in California
Sexual harassment can take many forms, and all of them are prohibited by California state law and the California Fair Housing and Employment Act (FEHA). Some forms of inappropriate sexual behavior that can be considered sexual harassment include:
- Sexual assault
- “Quid pro quo” harassment, in which a higher-earning employee promises a lower-earning employee advancement in the company in exchange for sexual favors
- Sexual jokes, comments, and innuendos
- Personal questions of a sexual nature.
- Unwelcome sexual advances
- Unwanted sexual texts, emails, phone calls, or messages
- Unwanted touching, hugging, groping, or kissing
In California, any employer who has five or more employees must provide comprehensive sexual harassment training to their employees, even if those employees are just temps or interns. Supervisors have to receive at least two hours of training, while all other employees must have at least one. Training must be recurring every two years.
If someone in your company commits sexual harassment and your employer is later found to have known about it but did nothing, they could face significant legal penalties for inaction and not taking claims seriously.
The Pace of Change: Are Current Sexual Harassment Laws In California Evolving Fast Enough?
Much of the U.S. was shocked to hear allegations of sexual harassment against some of the most powerful people in the entertainment business. These reports brought to the public eye how prevalent the problem of inappropriate, illegal and abusive behavior can be in the workplace. While women are often the victims of sexual harassment, particularly women of color, men may also suffer from this hostile behavior whenever there is an imbalance of power.
Many are asking now if the #metoo movement that arose in the wake of the most prominent allegations has done enough to make changes for those who are not celebrities with a public platform. According to activists, not enough is happening in state legislatures to protect those who do not have power in the workplace. They are calling for some important changes in laws across the country, including these and others:
- All workers should have the same protections, including gig workers and independent contractors.
- Damages for victims of sexual harassment should not have caps.
- Victims should have more time to deal with the psychological impact of their assault before filing.
- Victims should not have to sign non-disclosure agreements that protect the identity of an abuser.
- Employee contracts should not require mandatory arbitration and other waivers that favor the employer.
California is at the forefront of enacting more laws to protect victims of sexual harassment on the job. This includes new protections for interns and volunteers as well as seeking laws that provide panic buttons for vulnerable hotel workers. These changes may take time, but each change is a step closer to creating work environments that are safe for everyone.
Sexual Harassment: A Range of Offensive Behaviors to Recognize
Sexual harassment is rampant in workplaces nationwide, including in California. However, not all workers understand that this type of harassment can take on many forms. It could even involve one person being sexually harassed by a colleague of the same gender.
Harassment Can Be Verbal, Visual, or Physical
Sexual harassment includes verbal, visual, and physical conduct. Conduct that may be considered sexual harassment includes:
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Verbal conduct: such as making or using derogatory comments, epithets, slurs, or jokes of a sexual nature; graphic verbal commentaries about an individual’s body or dress; or using sexually degrading words to describe an individual.
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Visual conduct: such as leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons, or posters.
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Physical conduct: such as unwanted touching, assault, or blocking normal movement.
When Workplace Behavior Becomes Harassment—Know the Signs
Other methods used by harassers include seeking sexual favors by offering or promising employment benefits. Victims are often threatened with punitive action if their sexual advances are rejected or rebuffed.
Employment law in California mandates that employers must provide training for prevention of sexual harassment. It must cover the legal definition of the term sexual harassment as defined by the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964, along with case law and statutes that prevent and prohibit sexual harassment.
The following are some but not all the aspects of sexual harassment to cover in training:
- Different types of behavior that could be sexual harassment
- Strategies for the prevention of such conduct
- Available remedies for victims of this type of harassment
- Practical examples of sexual harassment
- The obligation of supervisors to report harassment
Employees in California who are victims should not endure sexual harassment in the workplace. Instead, they should report it to supervisors or managers. If the issue is not addressed or resolved, employment law allows them to take legal action.
How to Report Sexual Harassment In California
Being sexually harassed can make you feel small and isolated from your coworkers. It can make you feel singled out. You may even be reluctant to report the behavior out of fear of retaliation from your company. If your harasser never feels any consequences for their behavior, it is unlikely they will stop their behavior. Reporting it might be the wisest move if only to prevent the harasser from harming others in the future. Here are some steps you can take:
- Report the Incident: First, you should report the incident to the proper person. Check your employee handbook to make sure you follow the correct protocols for reporting harassment. You will likely need to take your concerns to your direct supervisor or your company’s HR department.
- File a Complaint: To move forward with your claim after reporting the incident to your company, you may want to consider filing a formal complaint with either the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). Both organizations can help you by taking your claim seriously and launching their own investigations into the incident.
- Pursue a Claim: When your incident has been reported to the CRD, its investigation may allow you to move forward with filing a legal claim. If the CRD finds your claim to be valid, it will then provide you with a “right to sue” notice, which will allow you to pursue legal action against your harasser and possibly even your employer. A sexual harassment lawyer can represent you throughout this process.
FAQs
Q: What Qualifies as a Sexual Harassment Charge in California?
A: For behavior to qualify as a potential sexual harassment charge, it has to include an element of unwelcome sexual context that made the victim feel uncomfortable or scared. This can include unwanted sexual advances, offensive sexual jokes or innuendos, remarks about someone’s sexual orientation, and verbal remarks, among other behaviors. If you are being sexually harassed, bring your concerns to a lawyer.
Q: Can You Sue for Harassment in California?
A: Yes, you can absolutely sue for harassment in California. To pursue legal action for harassment in California, you should first bring your concerns to a lawyer. You will also need to inform your employer that someone in your company has sexually harassed you. If they do nothing, you will then have to file a formal complaint with the California Civil Rights Department (CRD) and obtain a “right to sue” notice from it. From there, you can file a claim.
Q: What Do I Do If Nobody Saw the Harassment?
A: If you have no witnesses of your harassment, you should continue to file your claim as you normally would. Gather as much evidence as you can that the harassment took place. Having a witness can help your case, but not having a witness likely will not hurt your case. You can still notify your employer of your intentions, file a formal complaint, and seek legal action with the aid of a sexual harassment lawyer. As long as you follow proper procedure, you can still have a valid claim.
Q: What Are the Three Types of Harassment?
A: The three types of harassment that someone can endure are verbal, visual, and physical:
- Verbal Harassment: This involves unwanted jokes, innuendos, comments, remarks, and other forms of inappropriate communication.
- Visual Harassment: When a victim is constantly being shown harassing imagery and sexually charged visuals, they are being visually harassed.
- Physical Harassment: Actual physical attacks, pestering, shoving, assault, and molestation are examples of physical harassment.
Reach Out to a Sexual Harassment Lawyer Today
It can be personally devastating to have to deal with the aftermath of a sexual harassment case. You may be feeling more isolated than ever, and you may have lost all faith in your employer. It is vital that you retain the services of an experienced sexual harassment lawyer who can figure out your next steps and validate your concerns.
Diefer Law Group, P.C., can assist you with your case and provide you with consistent legal advice throughout. We can develop your case, gather the evidence you need, and make sure your company does not try to manipulate you into letting your case go. Contact us to schedule a consultation.
