Sexual harassment in the workplace is a serious issue that affects many employees. Understanding your legal rights and knowing the appropriate steps to take if you experience harassment is crucial.
This blog outlines the protections available to employees in Southern California and provides guidance on how to address sexual harassment effectively. Contact PLBH at (800) 435-7542 for a free legal consultation.
Understanding Sexual Harassment
What is Sexual Harassment?
Sexual harassment involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual’s employment, interferes with their work performance, or creates a hostile work environment. This can include:
- Quid Pro Quo Harassment: When submission to or rejection of such conduct is used as the basis for employment decisions.
- Hostile Work Environment: When such conduct unreasonably interferes with work performance or creates an intimidating, hostile, or offensive work environment.
Legal Protections
Employees in Southern California are protected by both federal and state laws against sexual harassment:
- Title VII of the Civil Rights Act of 1964: This federal law prohibits employment discrimination based on sex, which includes sexual harassment.
- California Fair Employment and Housing Act (FEHA): Provides broader protections, prohibiting harassment and requiring employers to take reasonable steps to prevent and correct wrongful behavior.
Recognizing Sexual Harassment
Common Signs
Sexual harassment can be overt or subtle. Common signs include:
- Unwanted Advances: Persistent requests for dates or sexual favors.
- Inappropriate Touching: Unwanted physical contact, such as touching, hugging, or patting.
- Sexual Jokes or Comments: Lewd jokes, comments, or gestures.
- Displaying Inappropriate Materials: Showing or distributing sexually explicit materials in the workplace.
- Retaliation: Adverse actions taken against you for reporting harassment or refusing advances.
Documenting Incidents
To build a strong case, it’s crucial to document any incidents of harassment:
- Keep Records: Save emails, messages, and documents that indicate harassment.
- Take Notes: Write down dates, times, and details of harassing behavior.
- Gather Witnesses: Identify colleagues who may have witnessed the harassment.
Steps to Take if You Experience Sexual Harassment
Report the Harassment
Inform your employer about the harassment. Many companies have procedures in place for handling such complaints:
- Follow Company Policy: Use the company’s formal process for reporting harassment.
- File a Complaint: Submit a written complaint to your HR department or manager.
Seek Legal Advice
Consulting with an experienced employment lawyer is crucial. A lawyer can:
- Evaluate Your Case: Assess the validity and strength of your claim.
- Guide You: Advise you on the appropriate steps and legal options.
- Represent You: Advocate on your behalf in negotiations or in court.
File a Claim
If internal reporting does not resolve the issue, you may need to file a formal claim:
- Equal Employment Opportunity Commission (EEOC): File a charge of discrimination with the EEOC within 300 days of the incident.
- California Department of Fair Employment and Housing (DFEH): File a complaint with the DFEH within one year of the incident.
Compensation and Remedies
If your case is successful, you may be entitled to various forms of compensation, including:
- Back Pay: Compensation for lost wages and benefits.
- Front Pay: Compensation for future lost earnings if reinstatement is not possible.
- Emotional Distress: Damages for mental anguish and suffering.
- Punitive Damages: Additional compensation to punish the employer for egregious conduct.
- Legal Fees: Reimbursement for attorney’s fees and legal costs.
Preventing Sexual Harassment in the Workplace
Employer Responsibilities
Employers can take several steps to prevent sexual harassment in the workplace:
- Training: Conduct regular training sessions on harassment and discrimination.
- Clear Policies: Implement and enforce clear anti-harassment policies.
- Open Communication: Foster a culture of open communication and respect.
Employee Awareness
Employees should be aware of their rights and the signs of sexual harassment. Staying informed and vigilant can help create a safer work environment.
Contact PLBH for Legal Assistance
If you believe you have been a victim of sexual harassment in the workplace, it’s essential to seek legal help. At PLBH, our experienced employment lawyers are dedicated to fighting for your rights and ensuring you receive the justice you deserve.
Contact us today at (800) 435-7542 to schedule a consultation and discuss your case. Let us help you navigate the complexities of sexual harassment laws and work towards a favorable outcome.