Being harassed in the workplace can make you feel degraded, upset, belittled, and unsafe. Whether it happens physically or not is irrelevant. Online harassment is very real and can be just as damaging to one’s state of mind as in-person harassment. It can be confusing to know what to do when your Los Angeles coworker is harassing you from behind a computer screen, but it is vital to your own workplace safety and mental health that you take proper action.
What to Do When You Are Being Harassed Behind a Computer Screen
Workplace harassment is a type of inappropriate conduct in a working environment that is intended to cause the victim harm to their mental, emotional, or physical health. Harassment can range anywhere from subtle mocking to physical threats. It can even involve sexual misconduct, which would turn the incident into one of sexual harassment. California state law requires any employer who employs at least five people to provide those employees with comprehensive sexual harassment prevention training.
Workplace harassment is frequently challenged and resolved by the California Civil Rights Department (CRD), which enforces legal action in incidents of physical and online harassment in the workplace. When you are harassed behind a computer screen, it can be somewhat easier to prove your side of events. Much of what is sent online or through texts is saved automatically or is fairly easy to save for yourself. Gathering evidence can be a simpler matter in these cases.
If you are ever harassed behind a computer screen, it is important to treat such an incident as workplace harassment. The fact that it is being done from behind a screen is irrelevant to how you should react to it. Here are some important steps you can take to ensure that any online workplace harassment you are subjected to is handled in the appropriate manner:
- Report the Incident: Whenever you are the victim of any kind of workplace harassment, behind the screen or otherwise, be sure to report the incident in the correct way. Your company may have certain procedures for reporting misconduct. Be sure to follow those procedures and report the incident to your supervisor, the HR department, or whoever is supposed to handle misconduct situations in your company.
- Maintain a Record: Whenever you are the victim of harassment, it is important to preserve as much evidence of the incident as you can. If it happens to you from behind a screen, there is a good chance that the evidence can be preserved. This evidence can include inappropriate or harassing videos, images, texts, messages, or audio files. Keep a record of all the relevant evidence in your situation.
- File a Complaint: If nothing comes of your report to your supervisor or HR department, you may want to consider filing a complaint with the EEOC or the California Department of Fair Employment and Housing. These government entities can help you with your case and ensure that the harassment is investigated thoroughly and properly.
- Speak With a Lawyer: If you believe that not enough is being done to address the harassment issue, you should consider speaking with a harassment lawyer and pursuing legal action yourself. An attorney who focuses on employment law can be beneficial to pursuing a case against your employer for negligence and/or harassment.
FAQs
Q: What Counts as Workplace Harassment?
A: Any behavior that makes you feel uncomfortable, unsafe, or discriminated against in the workplace may count as workplace harassment. It depends entirely on the incident at hand, what was said, what was done, and how it made you feel. In California, it is illegal to discriminate against someone because of their protected class. If you are ever discriminated against or harassed because of your age, race, skin color, sexual orientation, or gender identity, it could be viewed as harassment.
Q: What Should I Do If I Witness Workplace Harassment?
A: If you ever witness some form of workplace harassment, you should report it to the proper department and participate in helping stop the harassment from occurring in the future. Notifying your employer may not be enough. You may want to reach out to the EEOC yourself and file a report on behalf of the person being harassed. How you handle the incident as a witness is up to you, but it is recommended that you work to stop the harasser.
Q: In California, Is an Employer Liable for Harassment?
A: Yes, an employer may be held liable for harassment in California. Under the California Fair Employment and Housing Act (FEHA), employers are held liable for the actions and misconduct of their employees. Employers are responsible for preventing harassment in their workplace and addressing harassment when it does happen. Failure to do so could make the employer liable for any damages suffered due to their inaction. A victim of harassment can sue their employer for damages if they wish.
Q: What Is Generally the First Step for Someone Experiencing Harassment?
A: Generally, the first step for a person experiencing harassment is to confront their harasser and attempt to address the issue with them head-on. If the harasser truly is reasonable and completely unaware of the hurt they are causing, they may be willing to stop what they are doing. However, that may not always be the case. If the harassment does not cease after a confrontation, document the harassment and report it to the proper department that handles misconduct at your company.
Reach Out to an Employment Lawyer Today
Dealing with online harassment in the workplace can be just as painful or demeaning as dealing with in-person harassment. Fortunately, an experienced employment lawyer can help you seek legal action against your harasser. They can also help you pursue compensation from your company for failing to do anything about the situation.
Diefer Law Group, P.C., is prepared to assist you in building your case. We can help you gather evidence that supports your claim, ensure that you aren’t taken advantage of, and represent your interests throughout the case. Contact us to schedule a consultation as soon as you can.
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