Experiencing sexual harassment in the workplace can be profoundly disturbing and challenging. In California, the law provides robust protections to combat workplace harassment and offers avenues for victims to seek justice and remediation. If you find yourself in this unfortunate situation, it’s important to know that you are not alone and that you have options for addressing the harassment.
What to Do If You’ve Suffered Sexual Harassment at Work in California
Here’s a comprehensive guide to understanding and navigating the process.
Understand What Constitutes Sexual Harassment
Sexual harassment in the workplace includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It can also include offensive remarks about a person's sex. Both the victim and the harasser can be either a woman or a man, and the harasser can be a supervisor, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
There are two types of sexual harassment:
- Quid pro quo: Where submission to harassment is used as the basis for employment decisions.
- Hostile work environment: Where the harassment creates an intimidating, hostile, or offensive working environment.
Immediate Steps to Take
Document Everything:
Begin by keeping a record of all incidents of harassment. Note dates, times, locations, what was said or done, and potential witnesses. This documentation can be crucial in pursuing legal action.
Report the Harassment:
Inform your employer about the harassment. This can be through direct conversation or a written complaint. Use the company’s internal complaint process if one exists. California law requires employers to take immediate and appropriate corrective action when they become aware of harassment.
Seek Support:
Consider speaking with a counselor or a support group. You can also consult with a law firm that specializes in employment law, such as Kingsley Szamet & Ly Employment Lawyers, to explore your legal options.
Legal Protections in California
California's Fair Employment and Housing Act (FEHA) prohibits sexual harassment in the workplace and covers most employees, interns, volunteers, and contractors in companies with at least five employees. Notably, California law provides stronger protections than federal law, including a longer statute of limitations to file a lawsuit.
Filing a Complaint
Department of Fair Employment and Housing (DFEH):
- You can file a complaint with the DFEH, which will conduct an investigation.
- There is no cost to file a complaint.
- The statute of limitations is three years from the date of the last incident of harassment.
Equal Employment Opportunity Commission (EEOC):
- You can also file a complaint with the EEOC, the federal agency that enforces laws against workplace harassment.
- The statute of limitations is generally 300 days from the date of the last incident.
Considerations for a Lawsuit
If the DFEH or EEOC issues a "right to sue" notice, you may file a lawsuit in state or federal court. Discuss this option with your attorney to understand the potential benefits and drawbacks. A lawsuit might result in compensatory damages (including for emotional distress), punitive damages, and attorneys' fees, depending on the case's specifics.
Taking Care of Yourself
Experiencing sexual harassment can have profound emotional impacts. Consider the following for your mental health:
Seek Professional Help: Therapy can be crucial for recovering from the emotional distress caused by harassment.
Rest and Recuperation: Take time off if needed to recover emotionally and physically, utilizing any available sick leave or vacation time.
Stay Connected: Lean on your support system during this challenging time.
Conclusion
In conclusion, dealing with sexual harassment in the workplace is not only about confronting the issue but also about ensuring personal well-being and justice. California's legal framework, notably through the Fair Employment and Housing Act, provides strong safeguards that encourage victims to come forward with the assurance of a supportive legal system. It's imperative for victims to document the harassment meticulously, report it promptly to the appropriate authorities, and consult with legal professionals to navigate the complexities of legal proceedings effectively. By understanding your rights and the resources available, you can take decisive action to address the harassment and begin the process of healing and recovery.
Moreover, it's essential to remember that you're not alone in this struggle—many resources and support systems are available to assist you. From legal advocates to counseling services, these resources can help you assert your rights while maintaining your mental and emotional health. Acting against sexual harassment not only upholds your dignity but also contributes to creating a safer and more respectful workplace environment for everyone. Whether through internal channels, state agencies like the DFEH, or the courts, justice can be pursued, and a sense of normalcy and safety can be restored.
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