An important problem that affects the health and happiness of workers, their enjoyment of their jobs, and their overall output is harassment at work. People who live in Los Angeles and other places in California are strongly protected by the law against this kind of abuse. Identifying the elements of a successful workplace harassment claim in Los Angeles can help us report harassment appropriately and in a timely manner.
What Is Workplace Harassment?
Harassment at work is any unwanted behavior or action that makes the workplace hostile, scary, or insulting. This can include insults, threats, discrimination, or any other behavior that makes someone feel bad about themselves or their job. People who are harassed often suffer these actions because of protected traits like race, gender, religion, or disability.
It can happen between workers, bosses, or even clients. It must be bad enough or happen so often that it affects the victim’s work environment or job success for the behavior to be considered harassment. Fortunately, there are legal safeguards in place to deal with and fix this kind of behavior.
Harassment and Protected Classes
To begin filing a successful workplace harassment claim, figure out which groups are covered by federal and California federal law. This is one of the most important parts of a successful harassment claim. It is against the law to harass someone because of their:
- Race
- Color
- Religion
- Gender identity
- Sexual orientation
- National origin
- Age
- Disability
- Any other protected trait
It is important to show proof that the harassment happened because of one of these protected traits.
Unwelcome Behaviors and Actions
For a claim of abuse to be true, the behavior in question must be unwanted. From this, it can be determined that the victim did not start or support the action. It can be very important to see proof that the victim made it clear that they didn’t like or feel safe with the behavior when deciding whether it was unwelcome or not.
Level of Severity
Usually, proof that the harassment was serious and widespread is needed when someone says that they were harassed. Severity is defined by how bad the occurrences were as well as the regularity and duration of the acts. It’s possible that a single, isolated event is not enough to prove a claim. However, a trend of events that keep happening can be more convincing.
Visible Actions in the Workplace
In some situations, an employee’s claim of harassment may be tied to a specific action taken at work, like being fired, demoted, or having a lot less work to do. This can help their case by showing a clear link between the harassment and any bad or retaliatory actions taken at work.
Responsibility of the Employer
If someone is harassed at work, they need to show that their boss knew about it or should have known about it but didn’t do anything. Only then can the boss be held responsible for the harassment. The question that needs to be answered is whether the boss did what they could to stop and fix work-related harassment. In many instances, employers are responsible for what their workers do while they are on the job.
Necessary Documentation
To successfully make a claim, you must have the correct paperwork. The person who has been harassed should keep thorough records of what happened, including the dates, times, places, and descriptions of the behavior. Also, it’s important to keep any written records of the harassment, like emails, text messages, talks, or statements by witnesses.
Reporting the Harassment
People who have been harassed should report it right away to the channels set up by their workplace, like the human resources department or their manager. It is possible that the claim is less likely to be believed if it is never reported. It is also important to keep a record of the harassment report and any actions or responses from the workplace that followed.
Speak With an Attorney
Because of how complicated a harassment claim can be, the most advantageous thing to do when dealing with claims of workplace harassment is to talk to an experienced employment lawyer. People who have been victims can get help from an attorney to learn about their rights, know their options, and navigate the legal system. If you hire an experienced lawyer to give you legal advice and assistance, your chances of being successful might dramatically improve.
FAQs
Q: What Are the Elements of Harassment in California?
A: In California, harassment is any unwanted behavior based on a protected trait, like race, gender, or disability, that makes the workplace hostile or offensive. The behavior must be bad or common enough to make it hard for the victim to do their job or make the workplace one where anyone would feel unsafe or threatened.
Q: What Are the Elements of a Hostile Work Environment Claim in California?
A: In California, to file a claim for a hostile work environment, you have to show that the harassment was based on a protected trait, unwanted, and bad or common enough that a reasonable person would find the workplace hostile or abusive. In addition, the victim must show that the boss did not do what was needed to stop the harassment.
Q: What Are the Key Components That All Written Workplace Harassment Policies Should Have?
A: All written rules about harassment at work should have:
- A clear definition of harassment
- Instructions on how to report incidents
- A description of how incidents will be investigated
- Guarantees that people will not be punished unfairly
The policy should also spell out how the company will handle complaints and make it clear that they are committed to keeping the workplace polite and welcoming for everyone.
Q: What Behaviors Are Not Considered Harassment?
A: Behaviors that aren’t considered harassment include small, one-off events or disagreements that don’t make the workplace hostile. Management actions that are legal and don’t discriminate, like performance reviews, disciplinary actions, or fair choices made at work, usually don’t count as harassment. Harassing behavior that lasts for a long time or is intense because of protected characteristics may still be called harassment.
Contact Diefer Law Group, P.C., Today
If you have suffered workplace harassment in Los Angeles, you do not have to face it alone. An attorney at Diefer Law Group, P.C., can help you with your options. Contact us today for more information.
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