If you’ve bravely come forward with a harassment complaint to your employer but are met with inaction, it’s essential to ensure that your concerns are clearly documented and presented. Sometimes, revisiting your initial complaint by providing additional evidence or approaching another department within your company (like HR instead of a direct manager) can make a difference.
Ensure you’re familiar with your company’s policies on addressing sexual harassment as outlined in the employee handbook. When presenting your concerns, always maintain a respectful, straightforward, and professional demeanor. If you have questions and need a sexual harassment attorney on your side, contact PLBH at (800) 435-7542 for a consultation.
The Importance of Proper Documentation
If your initial complaint lacked complete documentation, or if the harassment has intensified post your report, make a concerted effort to meticulously document every incident. Witnesses can be invaluable; if anyone has observed your experiences, consider including their statements in your report. A word of caution: be careful about what you communicate, even informally. Texts, emails, and social media interactions related to the incident might be reviewed in legal proceedings, so always communicate thoughtfully.
Raising Awareness Within Your Organization
If you’ve previously reported the harassment and seen no action, consider notifying another department or escalating the complaint. Ensure your reports are always in line with the company’s official protocols.
Considering Legal Counsel
Remember, you always reserve the right to consult an attorney, whether it’s for advice on your workplace harassment complaint or exploring the possibility of a lawsuit. When communicating with your attorney, keep your discussions confidential and avoid using work channels like your office email.
The Path of a Formal Complaint
What if your efforts within the company remain fruitless, or worse, you face retaliation for voicing your concerns? Your subsequent action might involve lodging a complaint with institutions like the EEOC or DFEH. The EEOC offers counseling, so consider reaching out to them if you’re uncertain about this avenue. Do keep in mind that a complaint with the EEOC must be lodged within 180 days from the harassment date. California’s Fair Employment & Housing Act offers a more extended period, but consulting a lawyer to understand timelines can be beneficial.
California’s robust stance on sexual harassment is evident through the Fair Employment and Housing Act (FEHA) and the provisions under California’s AB 1825 law. These laws not only mandate certain employer actions concerning harassment complaints but also emphasize the joint responsibility – employees are encouraged to report harassment timely, and employers must address these reports promptly.
If you’ve hit a wall with your employer’s response, these laws can be your recourse. Notably, a charge filed with the FEHA might also be dual filed with the EEOC.
Seek Expert Guidance from a California Employment Attorney
Facing silence or further adversity after filing a workplace harassment complaint can be disheartening. However, always remember, you have rights, and you might be entitled to compensation.
Employers are legally obligated to take harassment complaints seriously, ensuring thorough investigations and actions. If you find yourself stuck in such a predicament, don’t hesitate to reach out to PLBH at (800) 435-7542. Our seasoned employment attorneys are here to guide you through these challenging times, after an initial assessment by our intake team.