If your employer fails to address sexual harassment at work, it can be a serious issue. For you, it can mean harassment continues to persist. For your employer, it could be a violation of the law. When this occurs, they may be subject to penalties, and the victims may be owed compensation for what they’ve suffered. However, filing a claim needs to be done in a timely fashion, so what are the time limits for filing a sexual harassment claim in California?
Deadlines for Filing Sexual Harassment Claims
There are two different ways that you can file a workplace sexual harassment claim in California. Each has its own agencies and their own deadlines.
One way to file a claim is to follow the federal laws governing the issue. These complaints will go through the Equal Employment Opportunity Commission. In most cases, these complaints will need to be filed within 180 days.
Complaints that are filed under California’s laws are submitted to the California Civil Rights Department. These claims will generally need to be filed within one year to be considered.
Kinds of Workplace Sexual Harassment
Workplace sexual harassment can take many different forms. However, it is generally regarded as belonging to one of two categories.
Hostile Work Environment Sexual Harassment
Hostile work environment sexual harassment is harassment that would make it difficult for a reasonable person to come to work in the face of that kind of treatment. The behavior needs to be either persistent or severe to be considered harassment. Typically, severe denotes something like sexual harassment or otherwise egregious behavior.
Persistent sexual harassment could happen in a variety of ways but includes behaviors like jokes, comments, and repeated requests for dates. Importantly, it is behavior that continues even after the person who is the object of the harassment has made their wishes known for it to cease.
Quid Pro Quo Sexual Harassment
There are times when someone might attempt to offer some kind of workplace benefit in exchange for sexual behaviors. The Latin “quid pro quo” refers to the idea of an exchange and identifies this kind of harassment. For something to be quid pro quo harassment, the party seeking sexual favors must have the ability to offer a benefit to the other party. That’s why this kind of harassment is seen most often between an employee and their superiors.
The kinds of favors offered could include being hired, not being fired, or getting promoted. It could also include increased pay or better bonuses. In some cases, sexual favors are sought for better work scheduling and assignments. It is also possible that someone who is a person’s peer may seek sexual favors in exchange for not reporting the person and causing trouble for them.
FAQs
Q: How Long Will It Take to Resolve a Sexual Harassment Claim?
A: How long it will take to resolve a sexual harassment claim will depend on the particular claim. There are some times when, rather than going through full litigation, both sides are able to negotiate a settlement, which may mean the issue is resolved relatively quickly. However, if there is full litigation, it is possible it could take a lengthy period of time before the issue is resolved.
Q: Should I Settle My Sexual Harassment Claim Rather Than Go Through Litigation?
A: Whether you should settle your sexual harassment claim rather than go through litigation is a matter of the particular offer you’ve been given and personal preference. Generally, settling means accepting a little less than you would receive if you won in court, but you are not guaranteed a win in court.
Taking a settlement has the advantage of avoiding the risk of losing in court, along with potentially resolving the case much sooner as well. These benefits must be weighed against the settlement that you were offered.
Q: Do I Need a Lawyer to File a Sexual Harassment Complaint?
A: You do not need a lawyer to file a sexual harassment complaint as a legal requirement. However, you may need a lawyer in a more practical sense. The procedures involved in filing a complaint can often be complex, and the paperwork can be overwhelming and confusing. An employment lawyer can often be particularly helpful in seeing that your claim is submitted properly and in a timely manner.
Q: Do I Need to Notify My Employer of Sexual Harassment Before I File a Claim?
A: In most cases, you need to notify your employer of sexual harassment before you can file a claim. Generally, an employer is only in violation of the law if they have failed to respond appropriately to concerns of possible sexual harassment. Your employer will need to be notified first of the harassment so that they have the opportunity to address the issue themselves, and a claim can be filed if they have failed to do so adequately.
Get Help Filing Your Sexual Harassment Claim
Sexual harassment is something that is entirely unacceptable, particularly in the workplace. Workers should be free of having to worry about being sexually harassed at work. It’s the responsibility of employers to create a culture where sexual harassment is understood to be unacceptable, primarily through taking proactive steps to prevent it and addressing complaints properly and appropriately.
When a company fails to properly address sexual harassment internally, it could be a violation of the law, and a matter that the victims are owed compensation for. The process of seeking restitution for employment issues is unique and involves procedures and institutions specific to employer/employee conflict. It can often be complicated for those who are unfamiliar.
For 20 years, our team at Diefer Law Group has been helping victims of sexual harassment navigate the complex process of seeking remedies for what they have suffered. We understand the complexities of the laws and the legal procedures involved. Whether your case will be resolved through a settlement or if litigation is necessary, we are prepared to help victims seek what they are owed. Contact us to discuss your options if you have been sexually harassed at work.
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