California Sexual Harassment Attorney

What Is Considered Sexual Harassment?

Sexual harassment in the workplace refers to unwelcome and inappropriate behavior of a sexual nature that creates a hostile, intimidating, or offensive work environment. It is a form of discrimination that violates laws such as Title VII of the Civil Rights Act of 1964 in the United States.

Understanding the different forms of sexual harassment is crucial for recognizing when one's rights have been violated. It encompasses actions or behaviors that may not initially appear obvious as harassment but contribute significantly to a toxic work environment. Employers are required by law to maintain a safe and respectful workplace, making it essential for employees to be informed of their rights and recourses.

Sexual harassment can also involve the following unwanted actions:

• Quid Pro Quo Harassment: This occurs when job benefits such as promotions, raises, or continued employment are contingent upon the employee submitting to sexual advances or favors. For example, a supervisor may imply or state that an employee must engage in sexual activity to receive a promotion.
• Hostile Work Environment: This form of harassment happens when an employee is subjected to unwelcome sexual behavior that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. This includes persistent unwelcome flirting, inappropriate comments, offensive gestures, or unwanted physical contact.
• Sexual Favoritism: Sexual favoritism occurs when a supervisor rewards employees who submit to sexual advances with better job assignments, promotions, or other benefits, leading to a perception of inequality and unfair treatment among employees.
• Retaliation: Retaliation involves adverse actions taken against an employee who has filed a complaint about sexual harassment or participated in an investigation, such as demotion, unjustified negative evaluations, further harassment, or termination.

Did you experience any of the above? Call (888) 796-4010 or contact us online to request a free case consultation with our California sexual harassment attorney.

California Sexual Harassment Laws

In California, the Fair Employment and Housing Act (FEHA) provides stronger protections against sexual harassment than federal laws such as Title VII. The FEHA applies to employers with five or more employees and prohibits not only harassment by employers, supervisors, and coworkers, but also by non-employees such as clients or vendors. California's law is progressive in its approach, recognizing that harassment can occur in many forms, including verbal, physical, and visual. It also covers both quid pro quo and hostile work environment harassment without the stringent requirements of federal legislation.

Significantly, the state mandates that all employers with five or more employees must provide sexual harassment prevention training and education to their staff. This includes at least two hours of training for supervisors and one hour for other employees every two years. The training should be interactive and cover practical guidance on prevention strategies, reporting mechanisms, and legal consequences of engaging in sexually harassing behaviors. Such regulations emphasize California’s commitment to fostering safe and respectful workplaces.

How to Report Sexual Harassment in California

Reporting sexual harassment in California follows a structured process designed to protect victims and ensure accountability. Initially, victims should document all instances of harassment meticulously, recording dates, times, locations, and the nature of each incident, along with any witnesses present. This documentation serves as vital evidence should the matter escalate to a formal complaint.

Typically, the victim should notify their direct supervisor or the Human Resources Department as early as possible. If these channels are compromised or if the harassment originates from higher managerial levels, organizations often have alternative reporting mechanisms, like anonymous hotlines. It's essential for victims to preserve copies of any written correspondence related to their complaint and maintain a record of the company's response.

In situations where internal resolution is lacking or unsatisfactory, victims may file a complaint with the Department of Fair Employment and Housing (DFEH) or pursue civil litigation. The DFEH is tasked with investigating such claims, offering mediation, or taking appropriate legal action against the parties involved. Victims considering litigation must be mindful of statutory timelines, typically commencing within three years from the date of the incident.

FAQ: Addressing Common Sexual Harassment Concerns

What Are My Rights If I Face Sexual Harassment at Work?

In California, employees are entitled to work in environments free from harassment, including sexual harassment. If an individual experiences inappropriate conduct, they have the right to report it without fear of retaliation. The state laws robustly protect employees by mandating employers to implement adequate anti-harassment policies, reporting procedures, and mandatory training. FEHA ensures that victims of harassment have valid grounds to seek legal action against their employer if harassment persists or proper protocols aren’t followed.

How Does California Define a Hostile Work Environment?

A hostile work environment in California is defined as an environment in which harassment is severe or pervasive enough to alter the conditions of the victim’s employment and create an abusive atmosphere. This can include a range of behaviors from verbal abuse, offensive jokes, unwelcome physical acts, or even the display of explicit material. California law assesses the totality of the circumstances, including the frequency and severity of the conduct and its impact on the victim's psychological well-being.

What Is the Statute of Limitations for Filing a Harassment Claim?

The statute of limitations for filing a sexual harassment claim in California requires that a complaint be initiated with the Department of Fair Employment and Housing (DFEH) within three years of the last incident. Once a right-to-sue notice is obtained, the claimant has one year to file a civil lawsuit. These timelines underscore the importance of timely action when addressing harassment, as failure to adhere could limit the legal recourses available.

Can I Be Retaliated Against for Reporting Harassment?

California law strictly prohibits retaliation against employees who report sexual harassment or partake in investigations. Retaliation can manifest in several ways, including demotion, firing, salary reduction, or further harassment. The Fair Employment and Housing Act (FEHA) provides strong protections, enabling affected employees to file additional claims should they face retaliatory acts. Employers are obligated to foster an environment where employees feel safe to voice concerns without fear of adverse consequences.

What Should I Do if My Employer Discourages Reporting?

If an employer discourages or hinders the reporting of sexual harassment, employees are advised to meticulously record such interactions and seek legal counsel. An employer's failure to encourage reporting or to act upon complaints violates California’s employment laws and can result in serious legal ramifications. Seek guidance regarding how to proceed, ensuring that you explore all avenues to uphold your right to a safe working environment. In many cases, alternative reporting channels like legal representation or direct contact with DFEH can be sought out for proper assistance.

Our Experienced California Sexual Harassment Attorney Bill Marder Can Help Protect You

If you have suffered from sexual harassment or other forms of gender discrimination, you can count on Bill Marder to help you fight for justice. He has more than 25 years of legal experience and will only charge you if he wins your case.

Suggested Reading:

• What Is the “Silenced No More Act”?
• What Is “Quid Pro Quo” Sexual Harassment?