While rules and regulations have been passed to increase safety in the workplace and make the environment more equitable and inclusive, there is still work to be done, especially on the front of harassment. If you have been harassed at work in California, a California workplace attorney can support you in filing a claim and holding your employer accountable for their wrongdoing.
In order for all employees and employers in California to work toward fighting harassment and make sure everyone is secure in the workplace, it is important to stay up to date on relevant rules, regulations, and protocols so that you can act if a negative situation arises. One such protocol is reporting an incidence of workplace harassment or sexual harassment.
How to File a California Workplace Harassment Formal Complaint
After an incident of harassment occurs in the workplace, it is critical to report the incident to your employer, human resources department, and other responsible parties. Be sure to keep documentation of the incident or the ongoing harassment if it continues to occur. This documentation may serve as evidence of your employer’s negligence if you later decide to file a claim.
Afterward, it is advised to work with a California workplace harassment attorney to submit a formal complaint with either the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). The complaint process with both entities is more or less similar and involves:
- Collecting Evidence. You will need to collect all relevant documentation of the workplace harassment incident, including the people involved, the location, and the time and place of the incident(s).
- Creating an Online Complaint. Access the online complaint filing system at CRD or EEOC, depending on the entity with which you will be filing your claim.
- Filing Out the Complaint Form. You will need to finish filing your online complaint form by including all of the details associated with your harassment or discrimination case, such as your employer’s information.
- Reach Out Directly. If you need extra support with the complaint filing process, then you can reach out directly to the EEOC or CRD by calling their offices or visiting them in person for assistance.
- Wait for an Answer. Depending on where you file your complaint, either the CRD or EEOC will conduct an investigation into your case. They might get in touch with you for case detail verification or extra evidence requests.
- Receive a Resolution. Based on the investigations, you may receive a letter stating the resolution of your case and the action that will be taken on your behalf. In some cases, from the EEOC, you may receive a “right to sue” letter.
It’s important to be aware of the time restrictions imposed for filing a formal complaint. The time limit can vary based on the agency with which you file your formal claim. If you have any questions about which agency would be optimal to file with for your case or how to work through the process, a workplace harassment attorney can support you.
FAQs
Q: What Is California Workplace Harassment?
A: According to California law, workplace harassment is considered to be any kind of unwanted behavior or conduct toward a person in the workplace. Such behavior must be based on a protected characteristic that defines the victim in the situation, such as disability, age, race, sex, gender, orientation, or primary language.
Workplace harassment can be negative job consequences, such as the denial of promotion, wrongful termination, or being demoted. It can also instill fear in those in the environment or lead to an abusive or hostile environment.
Q: How Can a CA Workplace Harassment Lawyer Help My Case?
A: If you have been a victim of workplace harassment in California, a CA workplace harassment attorney can assist you with understanding your workplace rights and analyze the details of your harassment case to see whether or not the evidence is substantial enough to file a claim.
They can help you adequately document the harassment and negotiate with management in your firm. They can also work to let you know what your options are, such as filing a complaint with a particular agency or even opening a court case.
Q: What Are California Employer Workplace Liabilities for Harassment?
A: In California, employers are required to ensure that their employees are working in a secure environment. Therefore, if they fail to protect an employee from workplace harassment, they can be held accountable for negligence if they don’t effectively address a harassment situation and it leads to employee harm.
Even if the employer was unaware that harassment was occurring in the workplace, they can be held liable for the harassment carried out by other employees or even third parties such as contractors or business partners.
Q: What Is the Deadline for Filing a Workplace Harassment Claim?
A: If you have faced one or more instances of California workplace harassment, it is important to report it immediately. If you submit a claim with the California Civil Rights Department, then the amount of time that is allowed to pass between the date of harassment and the date of the claim submission is typically one year. If you submit a claim with the U.S. Equal Employment Opportunity Commission, the deadline is usually within 180 days.
Seek Support From a Compassionate California Workplace Attorney
If you have been involved in a workplace harassment incident at work that caused you harm, the team at Diefer Law Group, P.C., knows how difficult this can be. You may be considering whether it is “worth it” to come forward, as well as how a complaint might impact your workplace dynamics and whether people will even believe you.
For all of these questions, our supportive attorneys are here to provide a listening ear, clearly lay out your rights for you, and guide you on an optimal path that can help restore justice to the situation. Contact one of our dedicated attorneys today to learn more about how we can help your case.
