Experiencing sexual harassment at work can be distressing and make you feel powerless. However, you have legal rights in California. Both state and federal laws prohibit workplace sexual harassment.
Here’s what to know about recognizing sexual harassment in the workplace and reporting it to your employer or the government so you can take action against this unlawful behavior.
Understanding Sexual Harassment at Work
Within the United States, sexual harassment is recognized as a type of employment discrimination under Title VII of the Civil Rights Act of 1964. It encompasses unwelcome sexual advances, solicitations for sexual favors, and other forms of verbal or physical behavior with a sexual nature that disrupt an individual’s job performance or establish a hostile work environment. It’s imperative to recognize that sexual harassment is prohibited by law and can affect individuals regardless of their sexual orientation or gender identity.
According to the EEOC, prohibited workplace harassment includes:
- Unwanted sexual advances, solicitations for sexual favors, and any other verbal, visual, or physical actions of a sexual nature in situations where:
- When compliance with such behavior becomes a requirement for employment or is imposed as a condition.
- The act of consenting to or refusing such conduct influences employment decisions, such as recruitment, termination, advancement, or remuneration.
- The behavior unreasonably disrupts job performance or gives rise to an atmosphere at work that is intimidating, hostile, or offensive.
Some examples of unlawful sexual harassment behaviors include:
- Sexual comments, jokes, or gestures
- Unwanted touching, groping, or sexual assault
- Requests for sexual favors in exchange for employment benefits
- Obscene comments or images displayed in the workplace
- Repeated unwanted requests to go on a date
This illegal misconduct can come from a supervisor, colleague, client, or anyone else you interact with at work. Sexual harassment does not have to be motivated by sexual desire. For instance, frequent derogatory comments directed at only female employees is a form of harassment in the workplace.
Types of Workplace Sexual Harassment?
There are two main categories of sexual harassment:
- Quid pro quo – Where employment decisions like hiring, firing, promotions, etc., are made based on your compliance with sexual advances or conduct.
- Hostile work environment – Where there is harassing behavior that unreasonably interferes with your work performance or creates an intimidating or offensive work environment. This could include sexual jokes, vulgar comments, inappropriate touching, displaying explicit images, sexual assault, and other misconduct.
Why Is It Important to Report Sexual Harassment?
Sexual harassment causes real emotional and psychological harm and can even escalate to sexual assault or rape in some cases. It also negatively impacts productivity and job satisfaction. No one should have to endure an unsafe or hostile work environment.
Reporting sexual harassment is the only way to make it stop and hold the harasser accountable. It also helps prevent others from being victimized. Many victims suffer in silence out of fear, but filing complaints shows companies this misconduct will not be tolerated and pressures them to take corrective action.
What to Do If You Have Been Sexually Harassed at Work
Here are some important do’s and don’ts if you believe you have been sexually harassed:
Do:
- Report it as soon as possible. Do not wait to report sexual harassment. Immediate action is essential.
- Keep detailed records. Notes, emails, texts, and photos can all serve as evidence to support your allegations.
- Know your rights. Sexual harassment is prohibited under federal and Washington discrimination laws.
- Consult resources. Talk to HR, union representatives, state/federal agencies, or an attorney. Use available resources.
Don’t:
- Blame yourself. Sexual harassment is never the victim’s fault. Do not let the harasser make you feel ashamed.
- Delay reporting. Prompt action creates the best record to support your complaint.
- Wait for the situation to improve on its own. Most cases of harassment will not get better without action.
- Feel pressured to quit your job. Getting you to resign can be the harasser’s goal.
How to Report Sexual Harassment in the Workplace
If you are experiencing sexual harassment on the job in California, you can report it both internally and externally to stop the misconduct and hold employers accountable. Here are the proper reporting procedures:
Notify Your Harasser to Stop
In some cases, confronting the harasser directly and asking them to stop may be effective. However, it’s important to prioritize your safety and well-being. If you feel uncomfortable or unsafe confronting the harasser, focus on reporting the harassment to your supervisor, human resources, or a government agency.
Report Internally to Your Employer
File a harassment complaint with your employer’s human resources or management using their established process. Outline the offending behavior and ask for a prompt, thorough investigation. California law mandates that employers take immediate and appropriate corrective action when aware of sexual harassment.
Gather evidence like emails, texts, photos, or audio recordings. Take detailed notes of incidents, noting dates, times, locations, what was said, and any witnesses. Keep records of any related communications and your employer’s response. Evidence helps demonstrate unlawful sexual harassment occurred.
File a Complaint Externally with Government Agencies
You can also file formal complaints of workplace sexual harassment with administrative agencies like the EEOC or California’s Department of Fair Employment and Housing (DFEH). They investigate gender discrimination and harassment complaints.
To file an EEOC sexual harassment complaint, you generally must first file it within 180 days of the misconduct (or 300 days if filing a complaint first with the DFEH). This complaint is dual-filed with DFEH.
The DFEH complaint must be filed within three years of the unlawful behavior under California’s Fair Employment and Housing Act.
These agencies can help facilitate a settlement or issue right-to-sue letters, allowing you to file a private lawsuit against the employer. Employers face financial penalties for violating state and federal sexual harassment laws.
Consult With an Experienced Employment Law Attorney
Consulting an experienced employment law attorney can help you file complaints correctly and build a strong legal case against workplace sexual harassment. They advise you on the laws, evidence gathering, statutes of limitations, and navigating the reporting process.
Protections from Retaliation
It is illegal for employers to retaliate against anyone who files a sexual harassment complaint, reports harassment they have witnessed, or participates in an investigation. Protected activities include:
- Filing an internal complaint with HR
- Filing a charge with the EEOC or FEHA
- Reporting sexual harassment to a supervisor
- Reporting or testifying about unlawful practices
If you experience retaliation, follow the steps above to report it. You can recover damages under both federal and state laws.
Who is Your Employer, and What is Their Role?
Your employer plays a key role in handling reports of sexual harassment in the workplace. Under Title VII of the Civil Rights Act, employers are responsible for preventing and addressing harassment. If you have experienced sexual harassment at work, it’s essential to report it to your employer immediately.
Employers are expected to take action by investigating your sexual harassment complaint and implementing measures to make the harassment stop. They should also provide a safe place outside of work where you can discuss your concerns without fear of retaliation or further harassment.
Filing a Lawsuit With The Help of a Sexual Harassment Attorney
The emotional, physical, and professional toll of workplace sexual harassment can be significant. However, California provides robust protections under FEHA and Title VII. By knowing your rights, collecting evidence, filing timely complaints, and working with an attorney, you can fight back against illegal sexual misconduct at work. Consult the experienced sexual harassment attorneys at the Malk Law Firm in Los Angeles to discuss your situation in a free legal consultation. They can advise you of your rights and represent your interests so you get justice. Contact their team online today at https://www.malklawfirm.com/.
Frequently Asked Questions:
Q: Can you File a Lawsuit for Sexual Harassment or Discrimination?
A: Indeed, it is possible to initiate legal action for cases involving sexual harassment or discrimination. Nevertheless, according to federal regulations, the initial step entails lodging a complaint with the EEOC before considering a lawsuit. In the event that the EEOC cannot reach a resolution for your complaint, you may be provided with a ‘right to sue’ letter, granting you the opportunity to file a lawsuit in a court of law.
Q: Which government agencies can I contact to report sexual harassment?
A: Depending on your location, you can contact the state agency responsible for handling workplace discrimination complaints. They will guide you through the process and take appropriate action.
Q: Is there a time limit for filing a complaint?
A: Yes, there is a time limit for filing a complaint. In most cases, you must file a complaint within 300 days of the alleged incident of sexual harassment. However, it is recommended to report harassment as soon as possible to preserve evidence and increase the chances of a successful resolution.
