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.
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.
How to Report Sexual Harassment
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.
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