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Your Legal Rights Regarding Sexual Harassment In The Workplace
Sexual harassment is a pervasive issue in the workplace that occurs more frequently than most people acknowledge. It affects various industries, and many employees, as well as witnesses, are unaware of their legal rights and protections. It is crucial for everyone to understand that state and federal laws provide legal rights and protections for victims of sexual harassment, and employers who violate these laws may face severe consequences. If you are a victim of workplace sexual harassment, seeking legal assistance from an experienced employment attorney can be beneficial in understanding your rights and how to exercise them.
What Is Workplace Sexual Harassment?
California’s Fair Employment and Housing Act (FEHA) considers sexual harassment as a type of sex discrimination that infringes federal law. Sexual harassment in the workplace can occur regardless of the gender of the parties involved.
Workplace sexual harassment can occur between various parties, including but not limited to:
- Colleagues who work together
- An employee and a client or customer
- An employee and their superior
- An employee and a delivery driver
Sexual harassment in the workplace can occur in diverse settings, including but not limited to, the actual workplace, work-related events held outside the workplace, like an employee luncheon, or during business travel.
Unlawful workplace sexual harassment can be classified into two categories:
- Quid pro quo: This Latin term means “this for that.” Quid pro quo harassment involves behavior that an employee must tolerate as a condition of their employment. It may include a supervisor pressuring or coercing an employee to engage in sexual activities in exchange for continued employment, a promotion, a raise, better hours or shifts, time off, or a positive performance review.
- Hostile work environment: This type of workplace sexual harassment occurs when the behavior is intentional, repeated, severe, and/or pervasive enough to affect an employee’s ability to perform their job effectively. Examples of a hostile work environment include a colleague making sexually offensive jokes, comments, or insults, or sharing inappropriate images within the workplace – either in person or online.
Examples of workplace behavior that may qualify as sexual harassment include:
- Making inappropriate comments about someone’s appearance or body
- Asking for dates or sexual favors against someone’s wishes
- Using derogatory language based on sexual orientation or gender
- Ridiculing an individual or an entire group based on gender or sexual orientation
- Telling sexually explicit, vulgar, or offensive jokes, even if they are not directed at a particular person or group
- Sending or sharing messages, texts, or emails of a sexual nature
- Gossiping about someone’s sexual life or relationships
- Unwanted or inappropriate touching of someone’s clothing, body, face, or hair, including hugging, kissing, or assault
- Physically blocking someone’s movement
Your Legal Rights Regarding Sexual Harassment In The Workplace
All individuals have rights in the workplace, particularly those who experience sexual harassment.
Individuals who have experienced sexual harassment have the following rights:
Work In A Safe Environment, Free From Discrimination
Federal and state laws mandate that employers must provide a secure working environment. The working environment should not be “hostile” towards you based on your sex or gender identity.
Stay Informed Regarding Your Company’s Sexual Harassment Policies
You have the right to be informed about the sexual harassment policy that applies to your workplace and to understand how to report any incidents of sexual harassment.
In California, employers are required by state law to have a written harassment policy that is accessible to every employee and distribute a copy to them. The policy must also be written in a language that all employees can understand.
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Talk About Or Speak Out Against Workplace Sexual Harassment
You are entitled to discuss sexual harassment or discrimination that is taking place at work with anyone you choose, whether it is happening to you or someone else at your workplace. This includes your colleagues and supervisor.
Additionally, you have the right to inform your employer if you believe that a policy or practice is contributing to or fostering harassment, or if a manager is behaving in a discriminatory or harassing manner. Retaliating or punishing an employee for discussing harassment or discrimination with their coworkers is against the law.
Report The Harassment To Human Resources Or Your Supervisor
You are entitled to report incidents of sexual harassment or discrimination to someone in authority at your workplace such as your employer’s HR department, manager or supervisor. It is recommended to put your complaint in writing, via email or letter, and keep copies as evidence in case it is needed later. If legal action is a possibility, it’s important to report the harassment to your employer first.
Protest Or Picket Against Sexual Harassment Or Other Types Of Discrimination
If you have worries about your pay, wages or working conditions, you can team up with your colleagues to voice your concerns. This type of action is known as “concerted activity” and is safeguarded by the National Labor Relations Act.
Have Your Complaint Taken Seriously And An Investigation Opened Into Your Harassment?
According to state and federal laws, your employer has a legal obligation to treat sexual harassment complaints seriously and investigate them. Once the employer becomes aware of the possibility of sexual harassment, they are required by law to take swift action to put an end to it and provide adequate protection to you or the person who is being harassed.
It is recommended that you ask your employer about the process and who will have knowledge of your sexual harassment complaint. It is understandable that you may want to keep your complaint confidential. However, it is important to know that an investigation typically involves interviewing the accused harasser, the person making the complaint, and other employees who might have witnessed the harassment.
Unfortunately, there is no guarantee that your complaint will remain confidential. Nevertheless, you have the right to know what actions will be taken once you file a formal complaint and who else might be informed about the details of your complaint.
File A Lawsuit Against Your Employer
In order to file a lawsuit against your employer in California, you might first have file charges with the California Civil Rights Department (“CRD,” formerly the DFEH), and obtain a Right to Sue. There are strict deadlines for the number of days you have after receiving the notice to file a lawsuit in civil court.
What Might Happen If You Take Legal Action Against Workplace Sexual Harassment?
If you choose to take legal action, there are different kinds of “remedies” available in court that you can request. As each case of workplace sexual harassment is unique, the remedies you may obtain if you win your case or come to a settlement can vary. Nevertheless, here are some common examples of remedies that you might be awarded.
Why You Should Contact an Experienced Sexual Harassment Lawyer?
There are numerous factors that may prompt you to consult with a sexual harassment attorney. It’s advisable to consider seeking legal assistance if:
- You suspect that you have been subjected to workplace sexual harassment.
- You have uncertainties about your employment rights.
- You believe that you have faced retaliation for exercising your rights at work.
- You have reported workplace sexual harassment but have not seen any action taken.
Even if you simply have a sense that something isn’t quite right, it is always a good idea to consult with a knowledgeable sexual harassment lawyer. The sooner you do so, the faster you can take legal measures to halt any injustices against you.
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