Sexual harassment in the workplace is illegal and can have a significant impact on your well-being and career. Knowing your rights when reporting harassment empowers you to take action and seek justice. This guide outlines your legal protections, steps to report harassment, and how to safeguard yourself against retaliation.
What Is Sexual Harassment?
Sexual harassment includes unwelcome behavior of a sexual nature that creates a hostile or intimidating work environment. It can take many forms, including:
- Quid pro quo harassment: When job benefits, such as promotions or raises, are contingent upon submitting to sexual advances.
- Hostile work environment: Repeated conduct, such as inappropriate comments, jokes, or gestures, that interferes with your ability to work.
- Physical or verbal actions: Unwanted touching, sexual advances, or offensive language.
Both federal and California state laws protect employees from sexual harassment.
Your Rights Under the Law
Employees reporting sexual harassment are protected by several laws that prohibit harassment and retaliation.
1. Title VII of the Civil Rights Act of 1964
This federal law prohibits sexual harassment in workplaces with 15 or more employees. It requires employers to address harassment claims promptly and ensure a safe working environment.
2. California Fair Employment and Housing Act (FEHA)
FEHA offers broader protections than federal law. It applies to workplaces with five or more employees and includes specific provisions against sexual harassment, requiring employers to take immediate corrective action.
3. Protections Against Retaliation
Both federal and California laws prohibit employers from retaliating against employees who report harassment. Retaliation can include:
- Demotions or terminations.
- Unfavorable job assignments or reduced hours.
- Harassment or hostility from management or coworkers.
If you experience retaliation, you have the right to file a separate complaint.
Steps to Take When Reporting Sexual Harassment
If you believe you’ve been harassed, taking the right steps can strengthen your case and ensure your rights are upheld.
1. Document the Harassment
Keep detailed records of each incident, including:
- Dates, times, and locations.
- Descriptions of the behavior.
- Names of those involved, including witnesses.
- Copies of any related emails, messages, or documentation.
2. Review Your Company’s Policies
Most employers have policies and procedures for reporting harassment. Check your employee handbook or consult HR to understand the reporting process.
3. Report the Harassment
Follow your workplace’s reporting procedures, which may involve notifying:
- A supervisor (unless they are the harasser).
- Human resources.
- A designated harassment officer, if applicable.
Make your complaint in writing and retain a copy for your records.
4. File a Complaint With a Government Agency
If your employer fails to address the harassment or retaliates against you, you can file a complaint with:
- California Department of Fair Employment and Housing (DFEH): Handles claims related to workplace harassment.
- Equal Employment Opportunity Commission (EEOC): Investigates federal sexual harassment claims.
These agencies can conduct investigations and help you pursue further action.
5. Seek Legal Advice
A knowledgeable employment attorney can guide you through the reporting process, ensuring your rights are protected. They can assist with:
- Filing complaints with agencies.
- Negotiating with your employer.
- Taking legal action, if necessary.
Protecting Yourself From Retaliation
Retaliation is illegal, and employees who report harassment have the right to a safe workplace. If you face retaliation:
- Document instances of retaliatory behavior.
- Notify HR or your supervisor of the retaliation.
- Consult an attorney to explore legal remedies.
Why Reporting Harassment Is Important
Reporting sexual harassment is a critical step in holding perpetrators accountable and fostering a safer work environment. Your actions not only protect your rights but also help prevent future incidents for yourself and your colleagues.
How PLBH Can Support You
If you’ve experienced sexual harassment at work, PLBH is here to help. Our experienced employment law attorneys are dedicated to protecting the rights of employees in Southern California. Contact us at (800) 435-7542 to schedule a consultation and take the first step toward justice.