Sexual harassment is a common problem in the financial industry. It involves unwanted and sexually suggestive physical or verbal advances. A 2018 study found that 59.4% of women and 8.9% of men in banking reported this type of workplace sexual harassment.
Sexual harassment can occur between a senior staff member in the bank and an employee or between employees. This occurs when another person coerces you into sexual acts to gain work favors or avoid retaliation.
Sexual harassment in the workplace can cause severe emotional distress and career struggles. Victims of sexual harassment can report the harassment to the Department of Fair Employment and Housing. The DFEH protects employees in California from different forms of harassment.
You can pursue a civil lawsuit against an employer for failing to implement the necessary policies. If workplace sexual harassment has victimized you, we can help. Our expertise at the Sexual Harassment Attorney will benefit you.
An Overview of Sexual Harassment in the Banking Industry
Sexual harassment is a form of employment discrimination that takes different forms. It involves sexually motivated conduct directed toward an employee. This could be by senior management staff, fellow employees, or even clients. Banking institutions have a highly competitive environment. For this reason, you may find yourself a victim of sexual harassment.
Sexual harassment could be in the form of physical contact or offensive comments. Additionally, jokes that make you uncomfortable can suffice as sexual harassment. These incidents could create a toxic working environment when handled incorrectly. This makes it challenging for you to perform your duties and build teamwork at the office.
California law has regulations to protect employees and job seekers from sexual harassment. They include:
Equal Employment Opportunity Commission(EEOC)
The EEOC enforces federal laws prohibiting discrimination against employees and job seekers. Employers cannot discriminate against you based on color, race, sex, or origin.
California Fair Housing and Employment Act
FEHA protects California residents from discrimination in housing and jobs. It covers sexual orientation, race, and gender identity. Additionally, this law prohibits sexual harassment of employees in all employment sectors.
In the banking sector, sexual harassment could come from various individuals, including:
- Supervisors and senior management. You could suffer sexual harassment from a senior staff member in a financial institution. This could occur when they ask you for sexual favors in exchange for good reports or promotions.
- Sexual harassment could come from coworkers if you face discrimination due to your sex or gender identity. Additionally, sexually offensive comments and jokes can come from your coworkers.
- Employers in the financial sector must have strict rules on how clients must interact with employees. However, a client or contractor can sexually harass you.
Type of Sexual Harassment in the Banking Sector
There are two main forms of sexual harassment you could experience at work as a banker. They include:
Quid Pro Sexual Harassment
This sexual harassment involves exchanges between supervisors or senior staff and subordinate employees. Additionally, it could be between employees at the same level in the financial institution. A senior official can coerce you to comply with a sexual advance in exchange for better career opportunities. Common examples of quid pro sexual harassment include:
- A manager threatens you for rejecting their sexual advances. You may comply with these advancements for fear of a bad performance report.
- Supervisors promise to raise your pay or give you bonuses when you enter a sexual relationship with them.
- A boss providing a better work environment for you in exchange for a sexual favor.
Hostile Working Environment
Another form of sexual harassment is a hostile working environment. This is due to your sex or gender identity. In such cases, you feel uncomfortable or intimidated due to remarks of conduct directed towards you. The following are some examples of hostile working environments:
- Unwelcome touching by another employee or a supervisor. California law considers physical touching of another person's private parts as sexual harassment. This type of conduct can cause extreme discomfort and emotional distress to a victim.
- Displaying sexually explicit images at work. This can interfere with a person's ability to perform their duties appropriately.
- Pervasive and recurrent flirting or other sexual advances. Such conduct can make you uncomfortable and, when they are not addressed, can cause emotional distress.
- Offensive sexual jokes. Everyone wants to work in an environment where they can joke around and have fun with their co-workers. With seriousness in the banking industry, jokes can lighten the mood at the office. Unfortunately, these jokes can be sexually offensive to another person.
Role of Employers in Preventing Workplace Sexual Harassment
All employees in California have a right to earn a living in a work environment free from hostility. Employers must ensure that you are safe at work and do not suffer discrimination. Failure to do this could result in legal repercussions for the employer. The responsibilities of your employer include:
Creating a Sexual Harassment Policy
Employers with five or more employees must have written policies against sexual harassment. Employees and managers must also receive at least two hours of training on these policies to ensure that all the employees follow them.
Create Reporting Channels for Sexual Harassment
In most cases, sexual harassment in banking institutions goes unreported. It worsens the situation for the victim and other employees. It can harm the victim's mental and emotional well-being. Employers must create and inform employees of the channels for reporting sexual harassment. This eliminates the fear of speaking up after they have suffered sexual harassment.
Create Measures for Addressing Sexual Harassment
Employers must set procedures for investigating and dealing with workplace sexual harassment. This can entail enacting laws to penalize harassers. Additionally, there could be procedures to make amends for those allegedly harassed.
Creating a Respectful and Safe Workplace Culture
An employer can avoid liability for sexual harassment by training staff on prevention. This helps create mutual respect among the employees.
Impact of Workplace Sexual Harassment on Bankers
Both male and female bankers are prone to sexual harassment in the workplace. Unfortunately, most of these cases go unreported. This is due to the fear of retaliation against the victim or the lack of proper reporting channels. . For this reason, sexual harassment at work can have the following effects on a victim:
- Physical symptoms. Sexual harassment at work can occur in different ways. Sometimes, the harassment is in the form of physical acts like assault and battery. This could result in physical symptoms such as pain, headaches, and gastrointestinal problems.
- Emotional distress. Being a victim of unwanted sexual advances can result in severe emotional distress. This could be from a senior person in your company or through remarks from fellow bankers.
- Hostile working environment. Unreported sexual harassment at work can create a hostile environment. It affects not just the victim but also other employees. The toxic environment will hinder collaboration, creativity, and teamwork. This can affect work productivity and outcomes.
- Career problems. A victim of sexual harassment could have poor concentration and low self-esteem. This can result in poor job satisfaction, negative references, or job loss.
Filing a Sexual Harassment Lawsuit
If you are a victim of sexual harassment at the workplace, you must report the matter to your employer. The employer is legally required to take the right corrective measures to handle the issue and prevent recurrence. You can opt for litigation if there are no reporting channels. This could also be an option when your employer does not handle the harassment appropriately.
The process of filing a lawsuit against your employer for sexual harassment at work takes the following steps:
Hire a knowledgeable Sexual Harassment Lawyer
Pursuing a sexual harassment lawsuit can be a legally complex matter. Additionally, your employer may not accept liability without fighting your lawsuit. Therefore, you will need the insight of a sexual harassment attorney. Your lawyer will help you gather evidence to prove liability for the harassment. Additionally, you can fight to ensure the maximum settlement in your lawsuit.
Gather Evidence
You must have enough evidence to file a sexual harassment lawsuit in California. Therefore, your lawyer can help you in collecting and organizing the evidence. Common evidence critical in your lawsuit includes emails, text messages, and witness testimonies. You have a limited time to pursue civil action against an employer. Thus, you must be quick to gather the necessary evidence.
File a Complaint with DFEH
The DFEH protects all employees in California from sexual harassment and other forms of discrimination at work. Therefore, you can file a claim with them for your alleged harassment. You can file your complaint in person or by mail.
After receiving your complaint, the DFEH will investigate the matter. They will then recommend dispute resolution between you and your employer. This could mean punishing the perpetrator or creating policies to prevent future harassment.
If you and your employer disagree on a solution, the DFEH can issue you the right to sue. This allows you to file a lawsuit against your employer. Filing a civil lawsuit means that the judge will decide on the case.
File a Lawsuit
Armed with the right to sue, you can file a civil lawsuit against your employer. When you file your lawsuit, you must submit proof of the harassment and any damages you suffered. When you file a lawsuit in court, the judge will determine the compensation you deserve. This is after assessing your evidence and that of your employer.
Compensation Benefits in Sexual Harassment
Sexual harassment is a common issue in the banking industry. Unfortunately, incidents of sexual harassment can take an emotional toll on you and impact your career. If you pursue a lawsuit against your employer, you can receive the following benefits:
Lost Wages
Different forms of sexual harassment will have varying levels of impact on you. Severe harassment may make you unable to work or reduce your productivity. This can lead to lower pay. A successful lawsuit could compensate you for losses from sexual harassment. The amounts could be in bonuses, overtime pay, or average income.
Pain and Suffering
You expect a calm workplace to do your job and work with your coworkers. Sexual harassment can create a hostile work environment. It can cause emotional pain and mental distress. This will affect your productivity, career, and personal life.
If the sexual harassment involves physical acts like sexual assault, you can suffer physical pain. You cannot equate pain and suffering with money. But the court can order compensation for the damage.
Loss of Reputation
Sexual harassment can ruin your reputation if it becomes known at the office. This could make the work environment more toxic and further your mental anguish. Additionally, it can ruin your relationships with your coworkers, making the workplace unbearable. The Court can order your employer to compensate you for the loss of reputation.
Attorney Fees
A civil lawsuit against your employer for sexual harassment requires hiring and retaining an attorney. You might receive payment for the cost of your legal counsel if your lawsuit is successful.
Expert Witness Fee and Court Costs
Expert witnesses may be important in a lawsuit alleging sexual harassment. You can use their testimony to demonstrate how the harassment affected your productivity. When you file a lawsuit, you will receive payment for these expenses related to your witness testimony.
Punitive Damages
Unlike other compensatory damages, punitive damages aim to hold a person accountable for their wrongs. They also deter future misdeeds. The court can grant you compensation for punitive damages if your employer did any of the following:
- This entails intentional and hostile behavior.
- This happens when someone abuses their authority and forces you into unfair hardships.
- Fraud, which comprises deliberate lying.
Frequently Asked Questions on Workplace Sexual Harassment for Bankers in California
If you fall victim to sexual harassment at the financial institution, you will suffer emotional trauma and mental anguish. Additionally, you may be unable to perform your duties and work with your colleagues harmoniously. Unfortunately, you may not know how to protect yourself. You want to hold the harasser accountable for their actions.
The following are commonly asked questions about sexual harassment in financial institutions:
Can I sue my employer even if they are not the harasser?
Yes. Harassment in banking institutions could come from different individuals. They include your employer, fellow employees, or clients. However, your employer must ensure that the workplace is safe for all employees.
Your employer can protect you by implementing laws against harassment. Additionally, they can create channels for employees to report sexual harassment. If the employer fails to protect you, you can sue for damages.
What should I do if I am sexually harassed at work?
If you suffered sexual harassment as a banker, you must report the incident to your employer. This will allow them to take the necessary measures to hold your harasser accountable for their actions.
If the employer does not handle the matter promptly or you do not agree with their response, you can report them to the DFEH. When you complain to the DFEH, you must attach evidence of the alleged harassment. The evidence will include emails, phone calls, and witness testimonies.
The DFEH can recommend mediation between you and your employer. This can allow you to make resolutions out of court. If you cannot resolve the issue with your employer through mediation, you can file a lawsuit against them. This allows you to recover compensation for your losses.
What is the statute of limitations for filing a workplace sexual harassment lawsuit in California?
Sexual harassment is a common occurrence in the banking sector. While some people feel embarrassed to report the matter or fear the repercussions against their jobs, acting fast is critical. You have up to one year to report to the Department of Fair Employment and Housing. Additionally, you must file a lawsuit within this time if you suffered sexual harassment at work.
If you file a lawsuit after the statute of limitations has expired, you cannot recover compensation. Therefore, you must begin compiling evidence and filing your claim when harassed.
Find a Competent Sexual Harassment Attorney Near Me
Many financial institutions have hierarchical and competitive cultures. This makes it easy for an employee to face sexual harassment. California law requires employers to have policies to prevent sexual harassment at work. Additionally, there should be clear channels for reporting and addressing the harassment.
If you are a victim of sexual harassment at the workplace as a banker, you can file a complaint against your employer. The Department of Fair Employment and Housing must substantiate your complaint before proceeding. DFEH will issue you a right to sue if your complaint meets the requirements. You can file a lawsuit against your employer and recover compensation with the right to sue.
You must hire and retain a skilled attorney when seeking justice for sexual harassment. Your lawyer will help you gather evidence to support your claims. They will also guide you in pursuing a lawsuit.
At Sexual Harassment Attorney, we provide expert legal help for clients facing sexual harassment in California. Call us today at 800-905-1856 to discuss the details of your case.
