Sexual Harassment

Sexual Harassment

If you think you have been the victim of sexual harassment at work, you may feel confused, vulnerable, embarrassed, and angry all at the same time. Unfortunately, these feelings are shared by thousands of workers every day. Sexual harassment is an ongoing problem in many workplaces, including here in California which has laws in place to protect victims.

Workplace sexual harassment can also overlap with other workplace violations, such as discrimination and whistleblowing. That is why many people consult with an employment attorney, to ensure their rights are protected and justice is served.

If you’re not sure what is and what isn’t sexual harassment in the state of California, keep reading for more clarification. We offer advice about what to do if you’ve experienced sexual harassment in the workplace and why you may want to partner with a lawyer if your workplace doesn’t deal with the situation appropriately.

What Constitutes Sexual Harassment in California?

All types of workplaces are held to California sexual harassment laws, as dictated by federal law under Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. Furthermore, supervisors must be trained in how to prevent and deal with sexual harassment incidents in the workplace. Employees at companies with 50 or more workers must also be trained in sexual harassment so they recognize it and don’t intentionally or inadvertently perpetrate it.

It can be hard sometimes to know if something constitutes sexual harassment. Some behaviors that might have been tolerated in decades past are now known to be problematic, especially those that are more subtle but are harassment nonetheless. These include:

• Unwelcome sexual advances
• Visual, verbal, or physical conduct of a sexual nature
• Actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex

Sexual harassment doesn’t have to be motivated by desire; it can be related to someone’s actual or perceived sex or gender identity, actual or perceived sexual orientation, or pregnancy, childbirth, or related medical conditions. The perpetrator does not need to be of the opposite sex of their victim to engage in sexual harassment.

Sometimes sexual harassment at the office is targeted at a single individual. Other times, however, an entire department or company may be victims, such as when someone posts offensive photos where everyone sees them. Over time, this creates a pervasive hostile work environment.

Sexual harassment can include gender bullying, like making it hard for all female employees to complete their work tasks in a reasonable manner. It is often seen as quid pro quo harassment — promising someone something like a promotion in return for sexual favors. And sexual harassment sometimes shows up in a more severe form, like groping, which is a form of sexual assault.

What Should You Do If You Have Experienced Sexual Harassment at Work?

If you have experienced sexual harassment at work or if it is ongoing right now, the first thing to do is document every incident. Write down the time and date and what happened, in as much detail as you can recall, including where it happened and who witnessed or might have witnessed what occurred. It’s best to keep a copy of this documentation in a secure place away from work in case you feel unsafe going to the workplace or should lose your job. It’s a sad fact that some people are wrongfully terminated for exposing workplace sexual harassment or for whistleblowing about hostile work environments.

Inform your employer about the harassment, citing the company’s sexual harassment policy, assuming you have one. You might go to your supervisor, the owner of the company, or the HR department, depending on how the business is structured. It’s always better to report sexual harassment conduct in case you later need to take further action. It shows you tried to alert people to the behavior and put a stop to it, and it demonstrates that the conduct was unwelcome to you.

If you have been sexually assaulted, you should contact the police, including calling 911 if your safety is at risk. See your personal healthcare provider or a physician in the emergency room as soon as possible for an exam and appropriate care. Consider joining a support group or calling a crisis hotline like 800-656-HOPE (4673).

Should You Contact a Lawyer About Workplace Sexual Harassment?

If your employer refuses to take action about sexual harassment at your workplace or if the perpetrator of the harassment is the person to whom you would normally go with a complaint, you may wish to consult an employment attorney. You may also want to speak with a lawyer if:

• You decide to file a complaint with either the California Civil Rights Department (CRD), formerly the California Department of Fair Employment and Housing (DFEH), or the federal Equal Employment Opportunity Commission (EEOC). While you are not required to have a lawyer to file a complaint with either of these agencies, you may appreciate the assistance, particularly if you anticipate retaliation from your employer.
• You are threatened with termination or lose your employment because of notifying your employer about sexual harassment.
• You have been sexually assaulted at work.
• Your sexual harassment complaint overlaps with other workplace violations, such as pregnancy discrimination, whistleblower retaliation, or unpaid wages.
• Your workplace did not provide sexual harassment awareness training as mandated.
  
  

How Can an Employment Attorney Help With a Sexual Harassment Case?

At Employee Law Group, we routinely handle sexual harassment cases, as well as other types of workplace complaints, like unpaid overtime, wrongful termination, and defamation of character. We can help you determine if you do indeed have a sexual harassment case and how to proceed based on the unique details of your situation.

Our team can help you file paperwork with a formal state or federal complaint, making sure the incident is fully investigated. We can communicate with your employer or represent you in court should you decide to file a lawsuit. In order to bring a lawsuit for sexual harassment, you must first file a complaint with the California DFEH (which is automatically cross-filed with the EEOC). If they don’t bring a civil action within 150 days, you receive what’s known as a right-to-sue notice, which allows you to pursue a lawsuit.

You can also choose to get a right-to-sue letter immediately and pursue the case on your own.

Employee Law Group can also assist you in weighing other workplace violations that frequently accompany sexual harassment cases. For example, you may have been fired for telling the HR department that your manager was threatening to demote you if you didn’t date him or her. Or perhaps you have not only been sexually harassed but also have experienced discrimination based on your race.

As your attorneys, we make sure your rights are protected. We have the knowledge and resources to pursue a case you couldn’t follow up with on your own. Our goal is to stop the harassment, help you receive any damages to which you’re entitled, and prevent sexual harassment from happening to other employees in the future.

If you have been the victim of workplace sexual harassment or other violations, we welcome the opportunity to speak with you. Employee Law Group offers a free initial consultation to help determine if you have a legal case and to offer advice on how to proceed going forward. Call us today at 310-407-7358 or contact us online to tell us your story.