Sexual harassment in the workplace is a serious issue that affects thousands of employees across various industries in California. It not only undermines the dignity and safety of the individuals involved but also creates a toxic work environment. 

Understanding your rights and the steps to take if you’re a victim of sexual harassment is crucial. Let’s break down what to do after you’re harassed at work. 

1. Recognize What Constitutes Sexual Harassment

Sexual harassment in the workplace is a form of discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This behavior can create an intimidating, hostile, or offensive work environment, and it can occur in various forms. The two general categories are quid pro quo and hostile work environments. 

Quid pro quo harassment occurs when a job benefit, such as a promotion, raise, or even continued employment, is conditioned on the acceptance of sexual advances or conduct. It typically involves a person in a position of power over the victim.

Meanwhile, a hostile work environment is created when unwanted sexual conduct creates an intimidating, hostile, or offensive work environment. This can be further broken down into behaviors such as:

• Verbal: Inappropriate comments, sexual jokes, advances, or propositions; comments about a person’s sex, sexuality, or physical appearance; and spreading rumors about a person’s personal or sexual life.
• Non-Verbal: Leering, displaying sexually suggestive objects or pictures, making sexual gestures, or sending inappropriate messages or emails.
• Physical: Unwanted touching, hugging, or kissing; standing too close or brushing against a person; and physical assault.

Harassment can involve anyone in the workplace, including supervisors, coworkers, clients, or customers. Both the victim and the harasser can be of any gender or sexual orientation. The victim does not have to be the direct target but could be anyone affected by the offensive conduct.

If the definitions above describe your experiences at work, you are likely experiencing some form of sexual harassment. 

2. Document the Incident

If you’re sexually harassed, document every incident with as much detail as possible. Write down every instance of harassment, including dates, times, locations, what was said or done, and any witnesses. Similarly, save emails, texts, notes, or any other communication related to the events. This information is crucial for any formal complaint or legal action.

3. Understand Your Employer’s Policy

Most companies have a sexual harassment policy outlined in their employee handbook. Familiarize yourself with the procedures for reporting harassment within your organization. Knowing the company’s policy helps you understand your rights and the obligations of your employer to address such issues.

4. Report the Harassment

Report the harassment to your employer. This can be to a supervisor, a human resources representative, or any designated person, as per your company’s policy. If your supervisor is the harasser, go to their superior or HR. 

It’s advisable to make the report in writing and keep a copy for your records to ensure there is a formal record of your complaint. 

California law requires employers to take immediate and appropriate corrective action when they know about harassment. Once you report, your employer should conduct an investigation. Be prepared to provide details and evidence. You may need to inquire about the timeline and process of the investigation to know what to expect.

5. File a Complaint With the CRD

If your employer does not address the behavior, or if you are unsatisfied with their response, you can file a complaint with the California Civil Rights Department (CRD). The CRD is the state agency charged with enforcing California’s civil rights laws, and a report is usually necessary before you can move forward with a lawsuit. 

In California, you have up to three years to file a complaint with the CRD. However, it’s advisable to act promptly while the evidence is fresh and the witnesses’ memories are clear. 

6. Consider Your Legal Options

If the work environment becomes intolerable, consider your options, including seeking a different position or employer. However, remember that leaving your job is not your only option and that you have rights that protect you in your current workplace.

Instead of leaving, you might want to consult an employment lawyer specializing in sexual harassment cases. A lawyer can guide you through the process, represent you in negotiations or court, and help you understand your rights and options.

8. Protect Yourself from Retaliation

Retaliation for reporting workplace harassment is illegal in California. In fact, there is now a rebuttable presumption that any adverse action an employer takes against an employee after they file a report is retaliation, which makes filing these claims much easier. 

If you face retaliation, document it and report it to your employer or the CRD. Retaliation includes any “adverse employment action” your employer takes against you for reporting harassment, such as:

• Demotion or negative changes to your role
• Terminating your employment
• Cutting your pay or hours

If you experience any of these things after making a report, you should take action immediately. 

8. Seek Support

Sexual harassment can have profound emotional and psychological effects. It’s important to seek support, whether it’s from friends, family, a counselor, or a support group. Furthermore, sharing your experience with trusted coworkers can provide emotional support and potentially corroborate your experience if they’ve observed the harassment.

9. Understand the Resolution Process

The resolution process can vary depending on the specifics of your case. It might involve an investigation by your employer, the DFEH, or legal proceedings. Understanding each step can help you prepare for what lies ahead.

Talk to the Law Offices of Todd M. Friedman, P.C.

Being a victim of sexual harassment in the workplace can be a distressing experience, but knowing the steps to take can empower you to address the situation effectively. Remember, California law is on your side, and there are resources and legal protections designed to support and assist you. 

If you’re facing such a situation, don’t hesitate to reach out to the experienced workplace sexual harassment lawyers at the Law Offices of Todd M. Friedman, P.C. Our skilled employment attorneys can help you hold your employer accountable for the harm you’ve suffered.