California laws protect workers from sexual harassment. Quid pro quo Sexual harassment and hostile work environments are the common forms of workplace sexual harassment. Quid pro quo sexual harassment occurs when you are offered an employment benefit in exchange for a sexual favor. A hostile work environment involves offensive comments and sexual advances at work.
Organizations must foster a safe and respectful environment to prevent harassment. Employers can ensure a safe work environment by creating policies against sexual harassment. Additionally, they must have proper channels to report and address sexual harassment. If you suffer sexual harassment at the workplace, you can report it to your employer.
If the employer fails to address and resolve the matter accordingly, you can submit a report under the Fair Employment and Housing Act. FEHA issues you with the right to sue, allowing you to file a civil lawsuit against the harasser or your employer. At Sexual Harassment Attorney, we offer expert guidance and representation for our clients battling workplace sexual harassment lawsuits in California.
An Overview of Sexual Harassment at Work
The Fair Employment and Housing Act addresses workplace sexual harassment in California. Under FEHA, sexual harassment is the unwanted sexual advances directed to an individual with whom the harasser has a professional relationship. Sexual harassment has become a common problem in many working environments.
You can face sexual harassment from an employer, supervisor, or fellow employee. Sexual harassment causes. Sexual harassment can be verbal, physical, or non-verbal, depending on the circumstances.
Types of Workplace Sexual Harassment
There are two primary forms of workplace sexual harassment. They include:
Quid Pro Quo Sexual Harassment
The quid pro quo sexual harassment occurs when a supervisor or employer requests a sexual favor in exchange for work benefits. Common examples of this type of sexual harassment include:
- Employers request a sexual favor for promotions. Sometimes, supervisors or managers ask employees for sexual favors in exchange for promotions. Under these circumstances, employees can feel pressured to comply to avoid missing the promotion.
- Offering a raise in exchange for sexual acts. You are a victim of sexual harassment if your employer offers a raise in exchange for the sexual act.
- Job security threats linked to sexual compliance. Another form of sexual harassment is when an employer threatens to terminate you for failure to comply with sexual advances. In this case, you must choose between your job and personal dignity.
- Conditional work benefits. With this type of sexual harassment, an employee favors an employee who welcomes their sexual advances. This type of sexual harassment causes an imbalance in the workplace.
Hostile Work Environment
California law defines a hostile work environment as harassing or offensive behavior that prevents you from performing your regular duties. Common examples of hostile work environment sexual harassment include:
- Unwelcome physical contact, which could consist of groping or unwelcome touching
- Sexual jokes or comments that make another employee uncomfortable
- Display or distribution of pornographic material through emails or messages
- Repeated sexual advances and propositions
- Sexual remarks on another person's body, appearance, and clothing
- Encouraging a work culture where employees can make offensive sexual comments
Protections Against Sexual Harassment at Work in California
In California, several organizations provide protection and support for victims of sexual harassment. These organizations offer legal and advocacy services to help employees navigate workplace harassment. They include:
California Department of Fair Employment and Housing (DFEH)
The DFEH is a primary state agency tasked with enforcing California’s civil rights laws. Under FEHA, it is illegal for employers to harass employees based on sex or other protected characteristics. The DFEH investigates sexual harassment complaints and guides employees on their rights.
If you are a victim of sexual harassment, you can file a complaint with the DFEH. After investigating the complaint, the DFEH can recommend remedies like litigation. If the remedies are ineffective in solving the issue, you will receive a right to sue your employer or harasser.
U.S. Equal Employment Opportunity Commission (EEOC)
The EEOC is a federal agency that enforces anti-discrimination laws in the workplace. It works closely with state agencies like the DFEH to protect victims of workplace harassment. Employees can file sexual harassment complaints with the EEOC. The agency may investigate the claims or guide them in addressing the issue. The EEOC can pursue legal action for victims in cases with substantial evidence.
Legal Aid Organizations
Various legal aid organizations offer low-cost legal representation to workplace sexual harassment victims. They include Legal Aid at Work and The Women’s Employment Rights Clinic,
These nonprofits help employees understand their legal options and assist with filing complaints. They also provide valuable resources on the laws surrounding sexual harassment in the workplace. If you are unsure of the proper channels to take after suffering sexual harassment at work, you can contact these organizations.
National Women’s Law Center (NWLC)
The NWLC is a non-profit organization that fights for gender justice. The organization aims to eliminate sexual harassment in the workplace. While it operates nationwide, its impact is felt across California through its legal advocacy. The NWLC supports victims of workplace sexual harassment by providing them with tools to assert their.
Employer Responsibility in Preventing and Addressing Workplace Sexual Harassment
Employers in California have a responsibility to prevent and address workplace sexual harassment. FEHA and other state laws provide clear guidelines on how employers can create safe working environments. The duties of an employer in preventing and addressing workplace sexual harassment include:
Establish a Sexual Harassment Policy
Employers must have written anti-harassment policies that they distribute to employees. These policies should explain sexual harassment and state how to report it. The policies must also include procedures for investigating complaints.
Training and Education
An employer with five or more employees must offer training on sexual harassment in the workplace. Regular training sessions for all employees, managers, and supervisors are critical. These sessions cover the types of sexual harassment. Additionally, they can address the importance of respectful workplace interactions. Managers and supervisors must also receive training on how to handle complaints.
Establish Reporting Channels
Many instances of workplace sexual harassment go unreported due to the lack of proper reporting channels. California law requires all employers to have clear channels for reporting sexual harassment. Additionally, they must have a protocol to handle sexual harassment claims.
Creating a Supportive Culture
Employers must foster an organizational culture that does not tolerate harassment. A zero-tolerance stance on sexual harassment can help prevent incidents by setting a clear standard of behavior. Employees who feel valued and respected feel free to report inappropriate behavior.
Preventing Retaliation
Reports of sexual harassment can ruin the reputation of an organization. Some employees fail to report sexual harassment for fear of retaliation. It is unlawful for an employer to punish an employee for reporting sexual harassment. Your employer is responsible for educating you on your rights against retaliation.
Impact of Workplace Sexual Harassment on an Employee
Workplace sexual harassment is a common issue that affects employees across different industries. California law values workplace protection for employees. Different organizations, including FEHA and the EEOC, enforce laws against sexual harassment. The impacts of sexual harassment on the employees include:
Psychological and Emotional Distress
Psychological and emotional distress is a common effect of workplace sexual harassment. Victims of harassment may experience high levels of anxiety, depression, anger, and guilt. The distress increases when the harasser may be a superior or someone in a position of authority. The fear of continued harassment can cause employees to stay isolated.
Additionally, an employee may feel trapped or reluctant to report the behavior due to fear of retaliation. The emotional burden caused by workplace sexual harassment can disrupt your work performance. Additionally, it can create a toxic work environment and reduce employee motivation.
Ruined Work Relationships
Sexual harassment can cause a strain on an employee’s relationships with colleagues. Sometimes, coworkers may take sides and support the harasser or dismiss the victim’s claims. Such a dynamic can lead to feelings of social isolation, exclusion, and mistrust. Employees who experience harassment may withdraw from social interactions at work.
The fear of compromised relationships or judgment from other people can cut work interactions. Teamwork at the workplace is essential for productivity. Therefore, when some employees are isolated from the team, the company can experience poor productivity.
Increased Absenteeism
Another significant consequence of workplace sexual harassment is increased absenteeism. Victims of sexual harassment may take more sick days due to stress-related health issues. The guilt and shame from the incident can also cause the employee to miss work. Constant absenteeism from work will translate to poor productivity.
Sometimes, the harassment becomes unbearable, and employees quit their jobs altogether. In some situations, quitting is necessary for the individual’s well-being. However, it can have a lasting impact on the victim's livelihood and financial stability. The time spent recovering from the trauma of harassment can hinder future job opportunities.
Physical Health Issues
Sexual harassment in the workplace can have a significant impact on an employee's physical well-being. Sexual harassment can range from offensive remarks to sexual assault or abuse. If you are a victim of severe sexual assault, you could suffer physical injuries. Additionally, the stress of dealing with sexual harassment can manifest in symptoms like:
- Severe headaches
- Sleep disturbances
- Excessive fatigue
- Digestive issues
- Hypertension
These issues can impact your work productivity and cause lasting health complications.
Legal and Financial Consequences
Employees rely on HR at their workplace to address issues of harassment and discrimination. Unfortunately, the HR department often fails to address these issues adequately. Improper resolution of sexual harassment claims can leave employees vulnerable to continued harassment.
If your employer does not address your sexual harassment complaint appropriately, you can seek legal remedy. Pursuing a legal resolution involves filing a complaint with the EEOC or FEHA. You will receive a right to sue from the EEOC or FEHA, with which you can file a lawsuit against your employer. Pursuing a lawsuit can take a lot of time and cause financial distress.
Career Advancement and Professional Limitations
Sexual harassment can impede a worker's career advancement. Victims may experience feelings of isolation or alienation at work. Strained professional connections may limit the worker's chances for advancement or professional growth.
If the harasser is in a management position, they can block career advancement by influencing decision-makers or discrediting the victim. The stress and emotional toll of harassment may also cause the victim to become less focused on career goals. Additionally, it can stunt the employee's growth within the industry.
Filing a Workplace Sexual Harassment Lawsuit in California
Sexual harassment and discrimination in the workplace can impact your personal and professional lives. If you are a victim of sexual harassment from your employer or colleague, you can seek legal remedy. The process of filing a workplace sexual harassment lawsuit takes the following steps:
Gather Evidence of Sexual Harassment
The first step towards seeking legal recourse for your sexual harassment is by collecting evidence of the harassment. If you suffer from a hostile work environment, you can gather recordings or witness testimonies of the incident. Additionally, you can gather emails, messages, or other forms of electronic communication.
Report the Harassment to your Employer
Under FEHA, employers must establish channels for reporting and addressing sexual harassment. Additionally, they must ensure that employees are familiar with these channels. After receiving your sexual harassment complaint, your employer must thoroughly investigate it and find a resolution.
Hire Legal Representation
Workplace sexual harassment is a serious issue for employees in California. The impact of this type of harassment can cause you severe emotional, mental, and financial distress. In severe cases, sexual harassment can force you to quit your job, leaving you unemployed. For these reasons, you must aggressively pursue your case.
With the complex laws in California, hiring and retaining a skilled sexual harassment attorney can go a long way for you. Your lawyer will guide you in filing your lawsuit and represent you in court.
File a Complaint With the Department of Fair Employment and Housing
If your employer fails to address the sexual harassment, you can file a complaint with the DFEH. Victims of workplace sexual harassment can submit claims online, through mail, or at the DFEH offices. After receiving your complaint, the DFEH will perform a thorough investigation.
If the DFEH cannot resolve the complaints, it will issue you a 'Right to Sue' letter, which gives you the right to file a lawsuit against your employer.
File a Lawsuit in Court
When you receive your right-to-sue letter, you can file a civil lawsuit against your employer or the harasser with the court. Your lawsuit must present a detailed description of the harassment and the damages you suffered.
The court can facilitate mediation and settlement talks before trying your case. Mediation allows you to resolve your case out of court and avoid trial.
Attend Trial
If you and the defendant disagree, the court will schedule a trial for your lawsuit. At your trial, you can present the evidence of the sexual harassment before the court. The judge will determine the amount of compensation you deserve for the sexual harassment.
Compensation Benefits in a Sexual Harassment Lawsuit
You can recover these benefits if your workplace sexual harassment lawsuit is successful:
Economic Damages
The economic damages aim to compensate you for the financial losses incurred due to the harassment. They include:
- Lost wages for missed workdays
- Lost future earnings if the harassment caused you to lose your job or you missed career advancement opportunities
- Cost of seeking another job if the harassment caused termination
Non-Economic Damages
Sexual harassment in the workplace can cause emotional, mental, and psychological distress. Victims of this type of harassment can suffer humiliation, loss of self-esteem, and a damaged reputation. Although you cannot put a dollar value on your emotional well-being, you can receive compensation for these damages in your lawsuit.
Court Costs and Attorney Fees
When pursuing a sexual harassment lawsuit, you will need extensive legal guidance and pay some court costs. If your lawsuit is successful, you can recover compensation for the attorney fees and court costs.
Find a Competent Sexual Harassment Attorney Near Me
All employees in California have a right to work in a safe environment free from harassment and discrimination. You suffer sexual harassment if a person makes offensive, sexual advances towards you. Another form of sexual harassment is when a supervisor or employer asks you to exchange sexual favors for work benefits.
Sexual harassment in the workplace can have far-reaching effects on your well-being. Victims of workplace sexual harassment suffer emotional, psychological, and physical distress. The aftermath of sexual harassment could include reduced productivity and career stagnation. If you are a victim of sexual harassment in the workplace, you can report the incident to the Fair Employment and Housing Act (FEHA).
FEHA gives you the right to sue your employer or the harasser. In a successful lawsuit, you can recover compensation for the financial losses and distress caused by the harassment. Pursuing a sexual harassment lawsuit in California is a complex procedure. Therefore, you will benefit from our expert legal insight at Sexual Harassment Attorney. Call us at 800-905-1856 to discuss your case.
