Sadly, sexual harassment in the workplace is common. It affects a large number of employees working in various types of businesses in California. If you are a California employee and you believe that you are a victim of sexual harassment in the workplace, knowing where to find information on your rights and how to be protected is important. Sometimes, knowing how to handle sexual harassment in the workplace in California can be daunting. Our knowledgeable attorneys at Diefer Law Group, P.C., can help you.
Recognizing Sexual Harassment
Sexual harassment refers to unwanted verbal, non-verbal, or physical conduct of a sexual nature. In California, sexual harassment occurs in two primary forms:
- Quid Pro Quo: This is an ask for sexual access in exchange for a job benefit.
- Hostile Work Environment: The conduct is sufficiently severe enough to alter the conditions of the victim’s employment, creating an abusive working environment or psychological pressure.
Steps to Take If You Are Sexually Harassed
If you are sexually harassed, it is imperative that you take swift measures to protect yourself and your legal rights. First, record the incident. Document the harassment, noting when and where it occurred, the time of day, and who might have witnessed it. Next, report the incident by notifying your supervisor, HR, or harassment officer if one exists.
Remember to seek support. Consider reaching out to someone you trust, or even a therapist, so that you don’t navigate this trauma alone. If an internal report doesn’t resolve your issue, file a complaint with the California Department of Fair Employment and Housing (DFEH). An attorney experienced in employment law can help you understand your rights moving forward.
Responsibilities of Supervisors and Employers
Managers and others in supervisory positions are under a duty to prevent and remedy sexual harassment:
- Take Complaints Seriously: Give appropriate attention to all reported harassment and promptly investigate and address harassment complaints.
- Properly Investigate: Carry out investigations in a prompt, impartial, and confidential manner and protect the rights and interests of those involved.
- Take Preventative Steps: Regularly train employees on sexual harassment prevention.
- Enforce Anti-Harassment Policies: Enforce anti-harassment policies and ensure that disciplinary action is taken against all offenders on a consistent basis.
Creating a Safe Work Environment
Employers can and should set a tone of respect for all their workers. Some recommendations are:
- Encourage respectful behavior and communication among employees.
- Conduct mandatory training sessions on recognizing, preventing, and reporting sexual harassment.
- Develop clear anti-harassment policies and also ensure that all employees understand them.
- Promote open communication so that employees feel empowered to report problems without any fear.
Retaliation Protection for Victims
A critical part of handling sexual harassment is feeling protected against retaliation. Specifically, California law prohibits an employer from terminating, demoting, or reducing the pay or benefits of any employee who rejects or reports sexual harassment. Employees who take part in an investigation are also similarly protected.
An example of retaliation would include a demotion, a reduction of pay or benefits, or any other adverse change in the terms or conditions of one’s employment. Victims of retaliation should document what happened and report it without delay. An employer needs to understand that reporting harassment must not continue the cycle of victimization, and an employee must feel secure to report harassment without fear of retaliation. You should consult with an attorney upon learning of any retaliation.
FAQs
Q: What Should I Do If I’m Sexually Harassed at Work in California?
A: If you are working in California and experience sexual harassment on the job, document the incidents and report them to your employer or the human resources division. Then, solicit supportive confidants, like friends, family, or a therapist. After that, if your workplace complaints fail to stop the harassment, file a complaint with the California Department of Fair Employment and Housing (DFEH) and retain a lawyer.
Q: What Is the First Step If You Are Sexually Harassed?
A: If you’re sexually harassed, the first step that you should take is to document what happened. Write down details about the incident:
- When and where the harassment took place
- The parties involved
- The details of what happened
- Any conversations you had
- Anything that reminded you of the incident later on
Make copies of this list, and keep your own working copy. This will become important evidence that you can refer to when you report the harassment or if you want to take legal action.
Q: What Should Be a Supervisor’s First Response to a Harassment Complaint?
A: In response to the harassment complaint, the supervisor’s first step should be to respond seriously and confidentially to give the victim a sense of security. Immediately, an unbiased investigation should begin, with the proper collection of evidence and records. Offer corrective action to the victim to help resolve the complaint.
Q: What Type of Behavior Is Considered Harassment?
A: Sexual harassment includes physical or verbal conduct of a sexual nature, requests for sexual favors, and unwelcome sexual advances. It also includes offensive remarks about a person’s sex and the display of sexually suggestive objects or pictures. In general, harassment encompasses any conduct that has the effect or purpose of creating a hostile, intimidating, or offensive work environment or unreasonably interfering with an individual’s work performance.
Contact a California Sexual Harassment Attorney
Whenever harassment in the workplace takes place, it must be addressed to protect victims and ensure that they can return to work without having to tolerate any harassing conduct. If you are a victim of workplace sexual harassment, you should be sure to document the misconduct, report all harassment, and likely pursue legal action against the responsible party.
The sexual harassment attorneys at Diefer Law Group, P.C., are knowledgeable in sexual harassment cases. We are well-equipped to help you fight for your rights. Contact us today for a consultation if you have been the victim of sexual harassment at your job. We are committed to providing the support and legal representation you need to seek justice and ensure a safe working environment.
Don’t wait—take the first step toward protecting your rights and well-being by reaching out to our experienced legal team.
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