The California Fair Employment and Housing Act defines sexual harassment as unwelcome sexually suggestive advances or remarks. If another person's conduct or sexual remarks create a hostile environment at work or make you feel uncomfortable, you may be a victim of sexual harassment.
Sexual harassment could include unwelcome sexual advances at work or when supervisors and other senior officers in your job ask for sexual favors in exchange for workplace benefits. Due to the broad definition of sexual harassment, it is essential to know what to look for when it happens and the proper steps to protect yourself and hold the person liable for this harassment responsible for their actions.
Victims of sexual harassment at the workplace can file a civil lawsuit against the liable parties. Filing a sexual harassment lawsuit requires you to collect the necessary evidence and hire a reliable attorney to guide you through the process. If you are pursuing a sexual harassment lawsuit in California, you will benefit from the separate legal guidance we offer at the Sexual Harassment Attorney.
Understanding California Sexual Harassment Laws
Under California law, any behavior or action that is sexual and creates an intimidating or hostile work environment for another person is considered sexual harassment. Under this definition, even a single act could be regarded as sexual harassment if it is severe enough.
Sexual harassment does not have to involve sexual acts. Offensive remarks made about your sexuality, even when they are not directed toward you, can suffice as sexual harassment. For example, if you are a woman, a person who makes offensive remarks about women may be liable for harassing you.
Sexual harassment consists of two components:
- Objective component. Any person in the harassed employee's workplace could also find the circumstances abusive, offensive, or hostile.
- Subjective component. The harassed employee suffers emotionally from another person's behavior, which can result in the deterioration of their mental health or ability to perform their job.
Although the law prohibits sexual harassment at work, there are no regulations that prohibit uphanded remarks and jokes that can be sexually offensive to another person. In this case, isolated incidents of workplace humor can turn into severe harassment.
California Fair Employment and Housing ACT Section 12940 prohibits different forms of harassment in the workplace, including sexual harassment. Sexual harassment applies to salaried employees, job applicants, volunteers, and unpaid interns.
Many people assume that sexual harassment is a gender problem. However, sexual harassment could be between employees of the same sex. Therefore, the law provides equal protection for all employers, regardless of gender or gender identity.
Types of Sexual Harassment in California
There are two main types of sexual harassment prohibited by California law, including:
Hostile Work Environment
You can experience a hostile work environment if another person's behavior makes it uncomfortable for you to continue performing your duties. The behavior addressed in this situation can range from verbal comments to offensive jokes and bullying. This conduct violates California employment laws and may be subject to legal action.
The following are some examples of hostile working environments:
- Making sexual advances or comments to someone who is not interested
- Derogatory comments and slurs
- Creating an environment that is uncomfortable for a particular gender
- Sexual assault, including unwanted touching
- Isolation of a specific gender
- Threats and intimidation for reporting sexual harassment
Quid Pro Quo
This type of sexual harassment occurs when a supervisor, manager, or another person in a position of authority at work requests a sexual favor in exchange for a job-related advantage. Some of these advantages will include rabies, promotions, or job security. Additionally, the Quid Pro Quo can be informed of threats of adverse employment action if you refuse the sexual advances.
Some examples of Quid Pro Quo sexual harassment include:
- A manager who touches an employee appropriately and insists that compliance is necessary to keep the job
- A manager threatens to fire an employee for failing to engage in a sexual act with them.
- A manager tells an employee they can only receive a promotion after going on a date.
Since the perpetrators of this type of harassment are senior to the victim, the victim may feel pressured to comply with job security or to avoid retaliation.
The Impact of Sexual Harassment
Sexual harassment is a common occurrence in the workplace in California. Up to 86% of females and 53% of males have experienced unwelcome sexual advances or acts that created a hostile work environment at one point in their careers. Unfortunately, sexual harassment may be in the form of sly comments that go unreported.
Sexual harassment at the workplace can have the following effects on a victim:
- Physical distress. Sexual harassment that goes into the realm of assault can cause physical pain to the victim.
- Emotional distress. Victims of sexual harassment often experience stress, depression, anxiety, and sometimes PTSD.
- Poor work performance. Sexual harassment creates an uncomfortable working environment for the victim. This could impact their work performance and productivity.
- Career problems. A victim of sexual harassment could have issues like lowered self-esteem and confidence, which may result in unsatisfactory work and missed opportunities at work.
- Further discrimination. Reporting sexual harassment at the workplace can impact the reputation of a company. For this reason, your employer can retaliate against you, resulting in denial of promotions, forced resignation, or termination.
Employer Obligations for Sexual Harassment Policies
Harassment in the workplace, including sexual harassment and other forms of harassment involving protected characteristics, is a serious issue in California. Sexual harassment can be perpetrated by employees, supervisors, or managers in the workplace. For this reason, California law requires all employees with up to five employees or more to implement policies preventing sexual harassment.
This includes training all employees on different forms of harassment. Employers must translate these policies if there is a substantial number of non-English speakers. The policies must be written and indicate all current characteristics protected by the law. These include:
- Age
- Sex
- Gender
- gender expression and identity
- Sexual orientation
- Marital status
- National origin
- Ancestry
- Physical disability
These policies must indicate the laws that forbid co-workers, managers, supervisors, or third parties from sexually harassing workers. Additionally, employers must outline an employee's process to report sexual harassment and how the company intends to handle these allegations.
If you make a complaint about sexual harassment at work, your employer must:
- Respond to the complaint appropriately and promptly.
- Let me let you know that you will not be subject to retaliation or discrimination for filing the complaint.
- Give you different options for reporting similar conduct if your supervisor is liable for the sexual harassment.
- Have qualified personnel investigate the complaint thoroughly.
- Document every step of the investigation.
- Take appropriate action against the individuals liable for the harassment.
Filing a Sexual Harassment Lawsuit
If you suffer sexual harassment at the workplace in California, the first step you can take is to inform your employer. Your employer must take your complaint seriously and conduct relevant investigations to determine its basis. Unfortunately, many instances of harassment are not handled appropriately at work.
If your employer fails to take the necessary measures, you can pursue legal action through the following steps:
Seek Legal Representation
Navigating a sexual harassment lawsuit can be an uphill task. Therefore, having a reliable attorney can help you understand your rights and provide the guidance you need to secure maximum compensation in the lawsuit.
File a Complaint with the Department of Fair Employment and Housing.
You can file a complaint with DFEH by mail, online, or in person. After assessing your case, DFEH will issue you a right to sue, allowing you to file a lawsuit in court.
File your Lawsuit
With the right to sue, you can file a lawsuit against your employer or the perpetrator of the sexual harassment. You must file your case in the appropriate court and present evidence of the damage you suffered from the incident.
Sometimes, your employer may be liable for sexual harassment perpetrated by your coworkers or supervisors. This could be the case if the employer was notified of the harassment and failed to take the appropriate corrective action.
Attend Mediation
Many sexual harassment claims are settled out of court. Therefore, before your case goes to trial, you may attend mediation talks. This will allow you and the defendant to agree on the appropriate settlement.
Trial
You should ensure that the settlement offered by your employer and their attorneys is enough to cover the damages you have suffered. If you do not reach an agreement, you will attend the hearing. When your case is heard in court, the judge will determine the amount you are entitled to a settlement.
Compensation Benefits in a Sexual Harassment Lawsuit
You can recover compensation for the following damages from your sexual harassment lawsuit:
Lost Wages
If you suffer sexual harassment to the point where you cannot go to work, you will be compensated for the amount you would have earned during that time. Additionally, you can receive these damages if you are fired for reporting sexual harassment.
Pain and Suffering
Even when sexual harassment does not involve physical touch or harm, the incident can take a toll on you emotionally. For this reason, you will be compensated for the emotional pain and suffering you suffer.
Loss of Reputation
Being involved in a sexual harassment case can ruin your reputation at the workplace. This could further impact your ability to work and perform your duties.
Attorney Fees
You will require the guidance of a competent attorney when filing and pursuing a sexual harassment lawsuit. In a successful lawsuit, you can be compensated for the amount you spent to hire an attorney for your case.
Expert Witness Costs
Building a sexual harassment lawsuit may require you to enlist the help of expert witnesses. These witnesses can help determine how sexual harassment may have impacted your well-being and ability to work. You will be reimbursed for these costs if your lawsuit is successful.
Punitive Damages
Unlike compensatory damages, which reimburse you for the losses you have incurred, punitive damages are meant to punish the defendant for your actions. You can recover compensation for punitive damages if the defendant acted with malice or through misuse of power.
Frequently Asked Questions on Sexual Harassment in California?
Being a victim of sexual harassment in the workplace can be a daunting experience. Additionally, you could face other forms of harassment and discrimination when reporting the harassment.
Fortunately, California law protects all employees. If you have been sexually harassed, you may be unsure of the proper steps you must take to protect your rights and hold the harasser accountable. The following are frequently asked questions on sexual harassment at work in California:
What should I do if I experience sexual harassment at work?
California law protects all employees from sexual harassment at work. If you are a victim of sexual harassment, you can take the following steps:
- Report the incident to your employer. You can do this by submitting a written report of the incident that amounted to sexual harassment.
- Report to relevant authorities if your employer fails to respond. If your employer does not respond to your harassment complaint, you can report the incident to the DFEH or EEOC.
- Avoid posting on social media. You may be tempted to shame the person who harassed you on social media. However, the information you put in public can be used to discredit your claims.
- Hire legal representation. Navigating a sexual harassment claim or lawsuit may be complex. Therefore, hiring a reliable sexual harassment attorney will ensure the best interests of your case.
How long do I have to file a sexual harassment complaint in California?
There is a statute of limitations for pursuing a sexual harassment lawsuit in California. This means that when you file a lawsuit after the specified time has elapsed, the court can dismiss it. In California, you have up to three years to file and pursue a sexual harassment lawsuit.
The lengthy statute of limitations aims at supporting victims of sexual harassment who are afraid to report it for fear of retaliation or discrimination at work. Before Assembly Bill 9, victims had only one year to file a claim. This often made it difficult for the victims to process the incidents, collect relevant evidence, and file a claim.
Although the general statute of limitations is three years, there are some exceptions, including:
- Claims against government entities must be filed within six months of the incident.
- There may be extended time frames for individuals who have suffered sexual assault.
- If the victim of sexual harassment is a minor, the statute of limitations may be extended until the victim becomes an adult.
- If the victim of sexual harassment did not discover that the conduct against them was illegal, the statute of limitations may be extended to accommodate the late discovery.
What remedies are available for sexual harassment victims?
As a victim of sexual harassment at the workplace, you can file a lawsuit against the person who harassed you or your employer for failure to handle the harassment appropriately. If your lawsuit is successful, you will be compensated for the lost wages and other monetary damages that may have arisen from the harassment.
Your employer may be required to rehire you if you suffered retaliation for reporting the sexual harassment. Additionally, the court may order the company to implement or revise its practices and policies to avoid incidents of sexual harassment.
When does sexual harassment become a crime?
Sexual harassment ranges from offensive remarks aimed at workplace humor to serious sexual acts. Although sexual harassment is a civil matter, your situation can turn into a criminal case if you suffer sexual assault through acts like rape, attempted rape, unwanted sexual contact, and fondling.
If the sexual harassment against you devolves into assault, you can pursue a civil claim and a criminal case against the perpetrator. The prosecution will file charges against the alleged perpetrator of the assault, and if they are convicted, they will be sentenced to incarceration. For the civil lawsuit, you will receive compensation for your losses.
Can I take legal action if my employer is unaware of the sexual harassment?
Yes. An employer will be held liable for sexual harassment if the person who harassed you is a supervisor or the employer. However, you must inform the employer about the incidents before filing a civil lawsuit. This allows the company to take reasonable measures to protect you and punish the perpetrator.
Find Expert Legal Insight Near Me
When you accept a job, you expect to work in a conducive environment free from harassment. You suffer from sexual harassment if another person's sexual actions or comments make the work environment unconducive for you. Sexual harassment can be verbal or physical, depending on the circumstances. You can be a victim of sexual harassment even when the actions or remarks made were not directed at you.
If the other person's actions made you uncomfortable or created a hostile working environment, you can file a lawsuit against them. With the guidance of a knowledgeable attorney, you can file a sexual harassment lawsuit against a perpetrator or an employer who fails to take the necessary measures to prevent and address the conduct.
A successful sexual harassment claim or lawsuit will see you recover compensation for damages, including emotional distress, lost wages, damaged reputation, and attorney fees. At the Sexual Harassment Attorney, we offer expert legal insight for our clients to pursue sexual harassment lawsuits in California. Contact us at 800-905-1856 and allow us to guide you through securing a favorable outcome in your case.
