Experiencing harassment in a professional environment can be distressing, and it takes immense courage to report such incidents to HR or higher management. Unfortunately, the initial relief of speaking out can be short-lived, especially when the report goes unacknowledged.
In California, a workplace must foster a safe and harassment-free environment. If your efforts to address sexual harassment internally prove futile, remember, legal channels are available to you. If you’re in this predicament, reach out to PLBH at (800) 435-7542, and our adept team of employment lawyers will stand by you.
Understanding Harassment
The EEOC has set clear guidelines on what constitutes sexual harassment. Harassment can manifest in several ways:
- Making sexual or derogatory remarks
- Unwarranted physical contact, such as unexpected hugs or “accidental” brushes
- Indecent proposals or overtly sexual conversations
- Making implicit or explicit sexual demands in exchange for workplace benefits
- Threatening to curtail benefits, pay, or work hours if sexual advances are declined
- Engaging in behavior that infuses a sexual undertone, be it through intimidation, inappropriate gestures, or leering
- Discussing intimate acts openly, making colleagues uncomfortable
- Retaliation following a harassment complaint, like job loss or reduction in benefits
- Dissemination or display of sexual content, including images or objects
- Any action that deliberately restricts or blocks an employee’s movement
California’s Robust Anti-Harassment Legislations
California has a rich legacy of enacting stringent measures against discrimination, with three predominant laws addressing workplace sexual harassment:
- Title VII of the Civil Rights Act of 1964: A foundational federal law, enacted more than five decades ago, that broadly addresses and outlaws various forms of discrimination in America, with workplace sexual harassment being one of them.
- The Fair Employment and Housing Act (FEHA): Drawing parallels from the federal Civil Rights Act of 1964, this state-specific legislation accentuates the prohibition of sexual harassment in workplaces, even extending its scope to cover harassment based on same-sex and third-party situations.
- The California Constitution: A testament to California’s unwavering commitment against sexual discrimination, the state’s constitution actively condemns any form of gender-based harassment or discrimination. While not the primary legal avenue for many sexual harassment cases, its inclusion underscores the gravity with which the state views such offenses.
If you or someone you know is grappling with unresolved harassment complaints in the workplace, it’s crucial to remember that legal solutions are accessible. By understanding your rights and the protections California law provides, you can confidently navigate this challenging journey. Contact PLBH at (800) 435-7542.