Workplace sexual harassment can include unwanted touching, sexual remarks, explicit messages, stalking, repeated date requests, or demands for sexual favors. California employees can preserve evidence, report misconduct in writing, and pursue legal action when an employer fails to respond.
By Brad Nakase, Attorney
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Workplaces throughout California exhibit the problem of sexual harassment. The bottom line is that you have real legal protection. California has arguably the strictest laws in the nation, and its sole purpose is to ensure that you are not forced to “take it.”
Corporate jargon is not the objective of this guide. It acts as a manual to assist you in understanding your rights. It talks about practical actions you can take to defend yourself and obtain justice.
Quid pro quo is defined as “in exchange for” or “a preference in return for a favor.” Supervisors or other people in positions of authority are typically the focus of this kind of harassment.
When a supervisor requests sexual favors or other sexual behaviors in return for a job perk, this is known as quid pro quo harassment.
These benefits could consist of:
The harasser may put you in a situation where it is challenging to refuse the request. This is due to possible repercussions.
Proof of your boss’s harassing messages or witness testimony from people who can support your claims is especially useful. They can prove quid pro quo harassment.
A hostile workplace is one in which the harasser’s unwanted actions are so severe that they hinder your ability to do your job or put your safety at risk. Catcalling, sexual jokes, explicit remarks, physical contact, and other forms of physical harassment are only a few examples of these behaviors.
Since parts of the harasser’s actions may be subjective, this kind of sexual harassment may be a little harder to establish than quid pro quo abuse. However, the right lawyer can assist you in gathering proof and constructing your case to demonstrate sexual harassment.
Sexual harassment can take many different forms. One or more of the behaviors linked to sexual harassment may be displayed by a potential harasser. You ought to analyze whether you are being sexually harassed at work.
Although there are countless possible actions that could be considered sexual harassment, these actions are a few of the most typical ones. Talk to an attorney about the circumstances as soon as you can if you have experienced or are experiencing any of this behavior or any behavior intended to make you dehumanized or uncomfortable.
One of the most serious acts that can constitute sexual harassment is physical contact.
The following are a few instances of physical contact that could cause you discomfort:
The victim has to know the possible motivation behind an individual’s behavior. Some actions are more ambiguous than others.
You must stand up to a person who continues to touch you. You ought to do it in a polite and direct way. It is obviously sexual harassment if they don’t respond to your feelings & continue to touch you.
Sexual harassment can be physical as well as verbal. You must evaluate whether you are being sexually harassed at work based on the facts of your case.
Sexual harassment that is verbal may include:
The harasser may speak to you directly or involve others in their remarks when they engage in verbal sexual harassment. These remarks can make your work environment a very difficult place.
Both verbal and nonverbal communication are possible, including sexual harassment. Sexual harassment is not limited to verbal or physical contact. It may also involve nonverbal behaviors.
These are typical instances of nonverbal sexual harassment:
These behaviors might cause anxiety on their own.
Whether at the workplace or not, written correspondence should always be conducted in a purely professional manner. Sexual harassment occurs when your harasser goes too far and begins sending you non-professional messages, particularly ones that are sexual in nature.
When they include offensive videos and images in your correspondence, the issue gets worse. It can be harassing to just show you pornographic images and videos.
Your initial reaction could be to erase any written or visual correspondence that your harasser provides you. Keep these exchanges of information, nevertheless, if at all possible, as they may be useful for your next case. Review the nature & frequency of the conduct to determine whether you are being sexually harassed at work.
In extreme situations, your harasser can start stalking you away from the workplace.
Numerous unwanted and unsolicited behaviors are included in stalking, such as:
In the worst situations, stalking victims must get protective measures against the stalkers. Stalking can be dangerous and occasionally even result in severe bodily injury. Harassment can take different forms. It has to be known when analyzing whether you are being sexually harassed at work.
It’s not sexual harassment when you ask someone out on a date. That could rapidly change, though, if the person persists in making you feel pushed to date them or in asking you out.
A person should end the relationship if they have asked you and you have made it apparent that you are not interested. It is harassment if the same person keeps asking or even becomes irate when you decline to go out to meet them.
Quid pro quo harassment from a superior usually involves requests for sexual favors, but it can also occur with any other person, creating a toxic work atmosphere.
Most of the time, requests for sexual favors are accompanied by either a warning against you when you don’t comply or an assurance to do a certain thing if you do.
Sexual harassment is surely unpleasant. You may think, “There’s no escape”.
There are a number of steps you can take to help you in your pursuit of justice.
1. Gather Evidence of the Harassment
As soon as feasible, start collecting proof of sexual harassment. Your case against the harasser will be stronger if you have more evidence.
The following are some examples of supporting data for your claim:
You should save copies of any documentation. It will be given as proof when you officially report the misconduct to your company or human resources department. This is particularly useful to demonstrate that you did, in essence, report the harassment in accordance with your employer’s policy, but they took no action to put an end to it.
Gather whatever you think your lawyer will need to strengthen your case.
2. Go up against the harasser
Some people are confident enough to address their harassers directly. You can try to confront them with composure instead of becoming combative or defensive. This is to prevent any unfavorable circumstances. You can also think about having a second person present to observe your exchange.
You must officially report your harasser’s behaviors to your workplace if they don’t cease.
3. Report the act of harassment in writing
Reporting the harassment to the employer is the next thing you need to do to protect your legal rights. The majority of companies have either a department for human resources or an individual assigned to handle human resources duties. These individuals should support you and try to find a solution on your behalf because they have received training on how to handle harassment. Regretfully, HR departments may try to hide harassment and don’t always support employees.
You must document the steps you took to flag the harassing behavior in writing, regardless of the caliber of your organization’s HR department. According to the law, the employer is required to look into the matter and put an end to the harassment as soon as they become aware of it or ought to have known about it.
You must submit a written report of the harassment. Sending an email is the most effective technique to record a harassment report. Emails are dated, stamped with time, and contain a log of the person who sent them and each recipient. They are useful evidence in court. Additionally, a backup of the email will be in the Sent folder. Send a copy from the sent folder to a private email address if you use a business email address for this, or at the very least, print a copy and store it in your own files.
You have to communicate with HR in a matter-of-fact manner. You don’t want to come off as someone looking for retribution, even though you are legitimately furious. Your written correspondence will be important evidence that the jury & judge will review in the event of a lawsuit. It is important that the jury finds you to be credible and deserving of a reward.
Don’t withhold data from HR and cooperate with them entirely. Employers will only be able to take action based on their knowledge of unlawful harassment. They can’t stop it if they don’t know. It could harm your case.
You should report any further instances of harassment in writing if the harassment persists after your original report to HR. Ideally via email, as previously mentioned. Once more, you are building a trail of evidence that may be utilized in court.
HR will be required to take action to put an end to the harassment each time you disclose an occurrence. However, this does not imply that they will carry out their obligations.
4. Don’t sign anything if you’re fired
Employers will provide a worker with “severance” compensation in return for the worker signing a release & waiver of any potential legal claims, especially if they believe there may be a legal action in the future. Don’t sign anything if you think you’ve been the target of sexual harassment or any other type of illegal employment conduct.
You must wait and speak with a lawyer first, even if you are provided with what appears to be a substantial amount. In most cases, if you have a compelling argument for sexual harassment, you can get several times the severance payment that your company would provide you. Your company would prefer to give you a small amount now rather than a larger one later. You ought to be especially cautious if your employer tries to coerce you into signing. Avoid doing it. It is far preferable to discuss your situation with an employment attorney first.
5. Bring a Lawsuit
You ought to speak with a sexual harassment lawyer about the options you have, including filing a lawsuit, if the company does not take necessary action. You must get a Right to Sue and file a petition with the CRD, previously the DFEH, before you may file a lawsuit. You can get this done by your lawyer.
Appropriate training inside your company is the strongest defense against harassment in the workplace in California. Companies in California that employ five or more people are required to take mandatory training.
Every two years, each worker in a company is required to complete training on how to stop sexual harassment and abuse. Supervisors need two hours, and other employees need an hour.
In accordance with California’s workplace harassment laws, the US government offers sexual harassment training. Along with other states, California has mandated that training be completed throughout the new hiring process.
Here are some steps for reducing the hostile work environment at your company:
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