Sexual Harassment in California: Actions You Can Take
Have you been sexually harassed at your workplace? Sexual harassment occurs more often than you’d expect. And it’s extremely serious, impacting productivity and causing a multitude of negative emotions such as gloominess, distrust, shame, and anger. As you’d learn in this piece, sexual harassment can occur in several ways. Whichever one it may be, the gospel truth remains that you are entitled to certain protections under relevant laws in California and by extension, the United States.
Once reported, there are important steps that can be taken both by the employer or the government (as the case may be) to deal with, or at best, prevent future sexual harassment.
What is Sexual Harassment?
As you’re probably aware, with the last few posts we’ve been reviewing several forms of workplace discrimination against which, as an employee, you can enjoy certain protections. Now, one of the most notable forms of workplace discrimination is sexual harassment.
Generally, sexual harassment has to do with certain behaviors from continued trespass to occurrences of sexual abuse or sexual assault. More than often, it involves a scenario where the harasser lauds their authority over the target of their harassment. At times, it might mean trying to incentivize or reward sexual favors.
Sexual harassment may also be spotted when the victim yields to the threat and afterward report it. Here is the kicker: so long as the victim can adjudge the actions as unwelcome behavior, sexual harassment may eventually be established.
However, we must be quick to point out the fact that not all unwelcome behaviors qualify as sexual harassment in the state of California. Attitudes like teasing, inappropriate comments, offhand remarks, and related cases may not qualify as sexual harassment unless they are severe or continued enough. At worst, they are categorized as contributing to a hostile work environment which the laws in California regard as discriminatory too.
Some specific examples of sexual harassment are:
– Putting up sexual advances that are unethical or unwelcome.
– Demanding sexual favors in exchange for better or sustained job security
– Making targeted comments about a person’s sexual identity or sex life.
Time, Location, and Persons relevant to any Sexual Harassment Scenario
Bear in mind though, that sexual harassment can’t be given a straight-jacketed definition. The question of who, when, or where may always be a door opener to understanding your situation better.
As for ‘who?’ – sexual harassment may come from just anyone in the workplace – a boss, a senior or junior colleague, a supervisor, a consultant. Where? You may experience sexual harassment in any work-related environment – the office, the conference center, a travel event, and a lot more. And lastly, you may also affirm you are being harassed sexually at any time during, before, or after business hours. With advances in tech today, you may also spot situations of sexual harassment when working from home.
Important Steps to take when sexually harassed?
Here are some important actions to take when you notice sexual harassment taking place.
- Talk back – by doing so, you’d be letting your harasser know that their actions can’t be tolerated and is in no way acceptable to you. Hopefully, with just that, the harassment may cease.
- Keep records of occurrences – try and keep every detail about every occasion when you feel you are sexually harassed. These may have to do with the time, location, persons, and specific advances or words. And when storing this information make sure they are stored in a personal storage device like your phone, journal, or PC and not office tools. Doing that would help you have access to real-time evidence that may be of help to your matter in the event you had to file a suit or a complaint.
- Know your rights – at the time you started at your workplace, you most likely agreed to certain employment policies with your employer. These Policies, at most times, include anti-sexual harassment statements under which you can formally lodge your complaints. Moreover, under the California Department for Fair Employment and Housing (DFEH), you can also review your legal rights as it is a state legislation that outlaws workplace sexual harassment. On the federal level, there are also legal rights you can as well press for under the S. Equal Employment Opportunity Commission (EEOC)
- Speak to an Employment Attorney – While other documents provide you with bare, generalist information, getting in touch with an employment attorney can offer you insight into your situation.
- Talk to your employer – The moment you are done with assessing the Policies, you may decide to inform your employer that certain harassment is taking place and that you are looking to make a formal complaint or commence a legal investigation.
- File a Complaint – Probably, you have gone to multiple mediums to lodge a formal complaint. You can do so via your employer, the DFEH, or the DFEH or EEOC. Whichever you may choose, always make sure you understand the procedures involved. Do well to understand what information is needed and what the likely outcomes may be. Oftentimes, the processes of investigation can go for as long as a year.
What can employers do to prevent incidences of sexual harassment?
Although it may not be possible to totally prevent sexual abuse or harassment from taking place, employers are obligated by the law the moment it comes to averting or dealing with sexual harassment in the work environment.
To avoid certain occasions of harassment from taking place, taking precautionary actions are part of the best actions. Here are a few of them that employers can take:
– Make the disallowance of sexual harassment as part of the anti-discriminatory employment policies of the workplace
– Open Declarations against sexual harassment in the workplace
– Creating and easing access to the process that depicts the approaches the employer takes following the receipt of a sexual harassment complaint.
– Offering supplementary resources for workers that they can assess too such as federal and state legislations as well as support systems.
– Enlightening workers constantly about what can be taken as sexual harassment.
– Reacting promptly to formal complaints lodged.
Here at JLG Lawyers we have helped many people confront sexual harassment and other types of discrimination. With a vast experience in employment law practice and harassment protection, we make it a top priority to help you explore the process of getting to know if and how to get your harasser prosecuted. You can reach out to us today for a Free Strategy Session to discuss your situation.