Sexual harassment in the California workplace is a form of sexual discrimination which violates California’s Fair Employment and Housing Act and Title VII of the Civil Rights Act of 1964.
As an employee, you have a right to be protected from sexual harassment in the workplace. However, if you are a victim of sexual harassment, you may not know exactly what steps to take. For victims of sexual harassment in California, it is important to know how to report workplace sexual harassment and how to file a claim. Understanding this process is essential to stopping illegal behavior, preventing further harassment, and ensuring you are compensated for any damages you suffered.
How to Report Sexual Harassment in California?
Step 1 – Review your Company’s Sexual Harassment Policy
Employers are required to provide employees with basic information about sexual harassment as well as a policy that includes how they will handle this type of harassment.
Even before an incident occurs, it is important to know your company’s sexual harassment policy. If its not readily apparent whether there is a policy, you should reach out to your company’s human resources department. The sexual harassment policy may inform you how the company handles these types of incidents and how they should be reported.
Step 2 – Write a Detailed Record of the Event
As soon as an incident of sexual harassment has occurred you should put as much of the detail about the incident in writing, including the date, time, and people involved. Not only will this help when you notify your employer, but it may also be used to file a claim or a police report for sexual harassment.
Step 3 – Inform Your Employer about the Harassment in Writing
As soon as an incident of sexual harassment has occurred and you have documented it, you should inform your employer in writing. When reporting the incident, provide as much detail as possible. Make sure you keep a copy of this notification with a notation of the means used to deliver the notification and any other relevant information.
Step 4 – File a Complaint
After informing your employer you can file a claim with the California Department of Fair Employment and Housing (DFEH) online, by mail, or by phone. The DFEH in California is tasked with protecting employees from unlawful discrimination. Any claim filed with DFEH will also be cross-filed with the Federal Equal Employment Opportunity Commission (EEOC) which is tasked with enforcing federal anti-discrimination laws. If a California employee instead files a claim with EEOC, it will also be automatically filed with California’s DFEH.
An employee has three years from the date of the last incident of sexual harassment to file a claim with DFEH.
Step 5 – Mediation or Lawsuit
After a claim has been submitted, it will be evaluated, and a determination will be made as to whether it will be accepted for investigation. If an investigation proceeds the alleged offender will provide a response and either DFEH or EEOC will go over that response with you. Finally, if it has been determined that there is a violation of either California or federal law, the case will move to either mediation or a lawsuit.
FAQ
Here are answers to some of the most common questions California employees have asked when it comes to sexual harassment in the workplace.
What is legally considered sexual harassment in California?
In California, any type of unwelcome sexual advances may be considered sexual harassment. This includes not only physical actions but visual and verbal actions that have a sexual nature. Sexual harassment also includes actions that create a hostile, intimidating, or offensive work environment because of an employee’s sex.
Sexual harassment in California is typically classified as either “quid pro quo” (pressuring an employee to engage in sexual activity for some type of employment benefit) or “hostile work environment” (harassment so severe or pervasive that it alters the terms of an employee’s work environment).
Who do you report sexual harassment to in California?
Employers have a duty to take reasonable steps to prevent and promptly correct harassing conduct. As a result, sexual harassment claims should be reported to one’s employer. In fact, an individual may not be able to pursue certain legal remedies if they do not notify their employer.
Depending on the severity of the sexual harassment, it may also be reported to law enforcement.
What happens when you file a police report for harassment?
When a police report is filed, the police will investigate based on the information you provided them. This may include a review of any evidence you provided, conducting interviews with eyewitnesses, and reaching out to the offender. If the police determine that there was a violation of a criminal statute charges may be pressed against the offender.
How do I prove sexual harassment in California?
To prove sexual harassment one must demonstrate the following: (1) the conduct was unwelcome; (2) the conduct was severe (serious conduct such as sexual assault that can occur in an isolated incident) or pervasive (occurred over an extended period of time or was evident throughout a company); (3) the conduct was objectively offensive (a reasonable person in your situation would find the conduct offensive) and subjectively offensive (the victim personally found the behavior offensive); and (4) the conduct resulted in actual damages which can be either economic (e.g., lost wages for missing work) or noneconomic (e.g., emotional or physical distress).
What if I am a victim of sexual assault?
You should immediately report the incident to local police and see a healthcare provider as soon as possible to receive a health exam and any necessary care. Seek out support from friends, family, and your community. If you do not know who to reach out to you can call a crisis hotline at 800-656-HOPE (4673).
Conclusion & Next Steps
It’s not always clear what to do when sexual harassment occurs in the workplace. Or it may be that you are not sure if what happened was actually sexual harassment. As with most employment law issues, it is highly recommended that you seek the opinion of an experienced California labor and employment law attorney. They will be able to assist in evaluating your claim and determining your best course of action.