You fall victim to sexual harassment when a person makes unwanted sexual advances towards you. Additionally, sexual harassment could result from sexual comments that make you uncomfortable. Several laws protect employees from harassment. However, sexual harassment has become a common occurrence in California.
Employees with many workers must ensure that they do not face this type of harassment by forming disciplinary policies to prevent harassment. Additionally, an employer must have guidelines on how to handle sexual harassment.
Sexual harassment can impact your work productivity as well as your personal life. Many victims of sexual harassment suffer from mental distress, depression, and PTSD. Therefore, if you are a victim of sexual harassment at work, you can sue the person responsible for the harassment and your employer.
In your lawsuit, you can hold your employer liable for the lack of proper discipline policies and failure to protect you from harassment. At Sexual Harassment Attorney, we offer expert legal insight for clients pursuing a sexual harassment claim or lawsuit in California.
Understanding Sexual Harassment in California
Sexual harassment is a common problem in the workplace in California. It involves sexual advances that make a person uncomfortable. You may suffer sexual harassment from the senior staff at your workplace or colleagues.
Sometimes, sexual harassment results from workplace jokes that go too far. You can have fun with your colleagues at work and make jokes. However, when these jokes are sexually offensive towards you or another person, they fall under sexual harassment.
Everyone at the workplace must play their role in creating a safe workplace by ensuring that their actions do not impact another person's well-being. Employers must emphasize that different forms of sexual harassment are intolerable. This includes harassment based on sex, gender, gender identity, and sexual orientation.
Disciplinary Policies by Employees
The federal and state laws prohibit sexual harassment in the workplace. Employers in California must have clear sexual harassment policies. These policies create a safe and conducive working environment for all their employees. Failure to do this can result in liability for sexual harassment that occurs at their workplace. Employer responsibility in preventing sexual harassment includes:
Creating a Written Sexual Harassment Policy
An employer with up to five employees must have a written sexual harassment policy. The policy must indicate the non-tolerance to discrimination and harassment. In addition, the written policies will prevent other forms of discrimination.
The sexual harassment policy should include a statement affirming the employer's commitment to maintaining a harassment-free workplace. It should also enforce the treatment of all employees with dignity and respect. Additionally, the employer must have a clear definition of sexual harassment.
Under California law, sexual harassment could involve unwanted advancements. In addition, verbal communication that is uncomfortable for some employees counts as harassment. The following are some types of conduct that constitute sexual harassment:
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Verbal. This is the unwelcome comments, jokes, or questions about a person's sex or gender.
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Physical. It involves unwanted physical contact such as touching, kissing, or other inappropriate gestures.
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Non-Verbal. Displays of sexually suggestive images, emails, text messages, or other forms of communication.
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Threats. Threatening retaliation is if a person does not follow requests for sexual favors or engages in sexual activity.
Policies to Educate Employees on Sexual Harassment
In California, employers must implement policies and training on sexual harassment. This requirement is outlined (FEHA). Additionally, it is emphasized and supported by California Senate Bill 1343.
The goal is to create a safe and respectful workplace by preventing and addressing sexual harassment. The training must cover topics such as the definition of sexual harassment and the potential consequences.
The training requirements in this case include:
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Employers with five or more employees must provide sexual harassment prevention training. The training sensitizes the employees to different types of sexual harassment and provides information on the proper channels to handle it.
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Supervisors must receive up to 2 hours of training every two years, while non-supervisory employees must receive 1 hour.
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Training should include information on what constitutes sexual harassment. Additionally, the employer must outline the responsibilities of supervisors and employees.
The employer can deliver the training against sexual harassment in person or through an online platform. However, it must meet the requirements outlined by (DFEH).
Distribution of Information on Legal Remedies for Sexual Harassment
Workers who face sexual harassment at work have several legal remedies that they can explore. However, some people are not aware of these channels to report sexual harassment. Additionally, some employees are unaware of their right to sue for sexual harassment.
The responsibility of distributing the information to employers lies with the employee. The remedies available for victims of sexual harassment in California include:
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Filing a complaint with the Department of Fair Employment and Housing
The DFEH protects employees against sexual harassment. After an incident, you have a year to file a complaint with this agency. The DFEH can investigate your complaint and grant you the right to sue your employer or the perpetrator of sexual harassment.
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Filing a Complaint with the Equal Employment Opportunity Commission
The EEOC is a federal agency that enforces laws prohibiting sexual harassment under Title VII of the Civil Rights Act of 1964. Many sexual harassment cases involve both state and federal laws. Therefore, you can file a charge with the DFEH and the EEOC. The DFEH may also investigate the claim. If it finds merit, it may file a lawsuit or issue a Right to Sue letter, allowing the individual to pursue a claim in court.
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Private Settlement
In some cases, a victim of sexual harassment can settle the matter with the employer outside of court. California law encourages alternative dispute resolution methods, such as mediation or arbitration, which act as alternatives to a full trial. Settlement can involve compensation or changes to workplace policies.
You can pursue the case in court if you cannot settle the incident through arbitration or mediation.
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Filing a Lawsuit in Court
When you report sexual harassment to the EEOC or DFEH, they will issue you with a right to sue. This allows you to file a sexual harassment lawsuit against your employer. You could also file a civil lawsuit if the mediation and arbitration attempts fail.
If your sexual harassment lawsuit goes to court, the judge will determine the amount you deserve as condensation. This is after reviewing the evidence you present for your case. Additionally, the court will review the defenses that the defendant may raise.
Establishing a Procedure for Reporting Sexual Harassment
Employees must create rules for preventing sexual harassment and train the employees. However, they must also prepare for these incidents. This is by creating reporting channels. Employees can submit their sexual harassment complaints through these channels. The reporting procedures include:
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How to report. The policy should outline clear and accessible reporting procedures for sexual harassment victims. This includes designating multiple individuals or departments to whom they can make the complaint. This helps ensure that employees feel comfortable reporting harassment without fear of retaliation.
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Confidentiality assurance. Sometimes, incidents of sexual harassment at work go unreported because the victims fear stigmatization and embarrassment. An employer must ensure that the employees feel safe when reporting harassment and inform all employees that they will not face retaliation for reporting harassment.
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Timely reporting. Employers must encourage their employees to report incidents of sexual harassment as soon as possible. The prompt reporting ensures a timely and thorough investigation.
Formulate Procedures for Handling the Sexual Harassment Incidents
Even in cases where your employer has policies, sexual harassment can occur. If this happens at your workplace, your employer must handle the matter. This is by:
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Thorough Investigations
An employer must investigate incidents of sexual harassment as soon as they receive a complaint. When an employee reports harassment, the employer must review the evidence presented. Additionally, the employer can interrogate the witness to determine the accuracy of the claims.
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Take Remedial Action
If there is no basis for your complaints, your employer can dismiss the complaint. The employer must take the necessary remedial action against sexual harassment. This could involve holding the perpetrators of the harassment accountable for their actions. Additionally, your employer can revise the disciplinary policies to avoid future occurrences.
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Avoid Retaliation
Filing a lawsuit against your employer can cause misunderstandings between you and the employer. Under these circumstances, your employer can take retaliatory measures. These measures could include demotion, salary reduction, or termination of your employment. It is unlawful to punish any employee for reporting sexual harassment. Additionally, California law protects you against retaliation for participating in a harassment investigation.
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Maintain Records
Employers must maintain records of sexual harassment, including complaints, investigations, and actions taken. These records can prove essential for audit by regulatory authorities. These authorities include the Department of Fair Employment and Housing (DFEH). Additionally, the employer may need these records in cases where an employee files a lawsuit against them.
Employers can defend themselves against liability for sexual harassment by maintaining a record of different disciplines and regulatory policies.
Filing a Sexual Harassment Lawsuit Against Your Employer
In California, employees are protected from sexual harassment by state and federal laws. To stop this type of harassment, employers must formulate discipline policies at work. These policies discourage employees from sexual harassment. Additionally, they create channels for reporting and handling it.
You can file a sexual harassment lawsuit against your employer. The basis of your claim includes their failure to create or implement discipline policies. The following are steps you can take to file your lawsuit:
Understand the Sexual Harassment Laws
California law defines sexual harassment as unwelcome sexual behavior. Different acts of sexual harassment can create a hostile work environment. Sexual harassment includes both quid pro quo harassment and hostile work environment harassment.
Quid pro sexual harassment occurs when a person in a position of authority demands sexual favors. Under these circumstances, you may feel compelled to engage in sexual. Failure to comply may result in the loss of your job.
Hostile work environment harassment occurs when another person's conduct impacts your work productivity. You have a right against sexual harassment. This could result from physical acts or comments that are offensive.
Document the Harassment
If you have suffered sexual harassment at work, you must record the instances. This could include video surveillance, messages, and emails. Additionally, if the incident occurs in the presence of other individuals, you can obtain their testimony for use in your lawsuit.
Report the Harassment to Your Employer
You should report incidents of secure harassment to your employer. The employer should have reporting channels and regulations to handle the harassment. You can submit a complaint through verbal reporting or the channels created at your workplace.
Under the Fair Employment and Housing Act, your employer must take effective and prompt action to stop the harassment. You could take legal action if your employer does not take appropriate action.
File a Complaint with the Department of Fair Employment and Housing (DFEH).
The DFEH is a state agency responsible for enforcing civil rights in California. You can make an online report through the DFEH website or in person at their offices within the deadline. Your complaint should include:
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Your personal information (name, contact details, etc.)
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A description of the sexual harassment (what happened, when, where, and by whom)
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Any steps you've taken to report or address the harassment
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Any relevant documents or evidence
An investigation by the DFEH
When you file your complaint with DFEH, the agency will investigate. The investigation may take several months. This duration will depend on the complexity of the case. During this process, the DFEH may:
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Interview witnesses
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Request documents from the employer and the alleged harasser.
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Conduct fact-finding inquiries.
If the DFEH finds enough evidence of harassment, it may attempt to mediate the dispute. If mediation does not resolve the issue, the DFEH will issue a right-to-sue notice. This permits you to file a lawsuit against your employer in state or federal court.
Filing a Lawsuit
When you receive your right to sue, you have up to one year to file your lawsuit. The defendants in your lawsuit can include the party that harassed you and your employer. The lawsuit begins with the filing of a complaint in court. Your petition outlines the facts of the case, the legal claims, and the relief you seek.
Compensation in your Sexual Harassment Lawsuit
When there are no policies to prevent or address sexual harassment in the workplace, some people can take advantage of the situation. Sexual harassment can create a hostile working environment. This will impact your emotional and mental well-being. Additionally, sexual harassment can affect your work productivity.
Filing a lawsuit against your employer increases your chances of recovering maximum compensation. Common forms of compensation you can recover from your lawsuit include:
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Lost wages. This includes compensation for any salary or benefits the employee lost due to the harassment. You will receive this benefit if you suffer unemployment, demotion, or missed work days.
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Future lost wages. The court may award compensation for future lost earnings. This occurs if the harassment leads to career disruption or emotional distress. You can also recover this benefit when the harassment may continue affecting the victim's ability to earn.
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Medical expenses. If you incur medical or psychological treatment costs due to harassment, you can receive compensation.
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Emotional distress. This includes compensation for the psychological toll that the harassment took on the victim. This is a significant damage award in harassment cases.
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Pain and suffering. Pain and suffering cannot be valued in dollars. However, you can receive compensation for the emotional pain caused by the harassment.
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Attorney fees. You can recover compensation attorney's fees and litigation costs. This is a key component of California's legal framework. It encourages victims to pursue legal action. This is because it minimizes the financial burden of legal representation.
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Reinstatement. If you face termination for reporting the harassment, a court may order reinstatement to the employee’s previous position. If reinstatement is not feasible, the victim may recover compensation for“front pay.” This compensates you for losing future employment opportunities.
Find a Knowledgeable Sexual Harassment Attorney Near Me
Sexual harassment involves unwelcome sexual advancement or comments at the workplace. As an employee in California, the law protects you from workplace and sexual harassment. You could suffer sexual harassment from a colleague or an employer, depending on the circumstances.
Employers play a critical role in preventing sexual harassment in the workplace. California law mandates that all employers with up to five employees have discipline policies. The policies prevent and discourage sexual harassment. If your employer does not adhere to these rules, you can sue them for sexual harassment. In addition to filing a lawsuit against the perpetrator of the harassment, you can hold the employer accountable for your suffering.
Filing a sexual harassment lawsuit against your employer is a legally and emotionally complex process. Therefore, you will need the expert guidance and representation we offer at Sexual Harassment Attorney. We offer expert legal insight for clients pursuing harassment and discrimination lawsuits through California. Call us at 800-905-1856 to discuss your case.
