What to Do If You Are Sexually Harassed at Work in California 2024

It is not only unacceptable to engage in sexual harassment at work, but it is also completely illegal under both state and federal laws. If you are wondering what to do if you are sexually harassed at work in California, one of the first steps is to understand that you have several legal protections afforded to you as a citizen of the United States. Regardless of what type of sexual harassment has ensued, you have the right to take action and stop the behavior.

Steps to Take If You Have Been Sexually Harassed

If you have been sexually harassed at work in California, the following steps can help you protect yourself. They can also start the process of holding the perpetrators responsible for the behavior.

Document the Harassment

One of the most important things to do right away if you are facing sexual harassment is to document every detail in real time. Keep clean records of what happened, when and where it happened, and who was involved. If there were any witnesses who observed the incident, write their names down as well. Save any emails, texts, or other electronic communications that contain evidence of harassment as well. All this can be very useful when you pursue legal action.

Report the Harassment to Your Employer

Many companies in California are required by the state to have procedures in place to handle sexual harassment complaints from their employees. Once you are safe to do so, report the incident to your manager or HR department. You want to make sure you follow their procedures as strictly as possible to preserve the integrity of your case. Once you report this, your employer will be responsible for taking corrective action.

File a Complaint With the California Department of Fair Employment and Housing

Sometimes, reporting the incident to your employer does not go as planned. If you are dissatisfied with how your employer is handling the situation, or they have been retaliated against for reporting the abuse, another avenue is to file a complaint with the California Department of Fair Employment and Housing (DFEH). This agency will investigate your claim and has the authority to start taking legal action against your employer if the allegations are confirmed.

Seek Legal Advice

In addition to filing a formal complaint with your employer or California’s Department of Fair Employment and Housing, you should also consult an employment attorney. These professionals are trained to help people in your situation understand what rights you have and what steps you can take to rectify the issue. This is an especially recommended route to take if you are dissatisfied with how your employer has handled the situation.

Understand Your Rights to a Harassment-Free Workplace

The California government not only believes that everyone should have the right to work in a harassment-free environment, but it has also mandated it through law. For example, all employers are required to provide various sexual harassment prevention training to keep employees safe and accountable. They are also required to take prompt corrective action as soon as they have been made aware of a sexual harassment complaint.

Consider Attending a Counseling Session or Support Group

While you deal with the intensity of a legal case, it’s important to manage the emotional toll it can have on you. It’s normal to feel isolated at work or overwhelmed by the experience. Sometimes, while the legal processes are sorting themselves out, it can help to attend a support group or see a counselor. This can give you much-needed emotional support and coping strategies, which can make the case a little bit easier to manage.

FAQs

Q: What Evidence Is Needed to Prove a Case of Harassment?

A: To successfully prove harassment at work, any combination of evidence that demonstrates what happened can be critical. This can include written records of harassment, like emails and text messages, and witness testimonies from colleagues who can attest to what happened. Your own personal notes can also be of huge help, like a personal journal where you document exactly when and where each incident took place.

Q: Can a Manager Be Held Personally Liable for Harassment in California?

A: Yes, there are no legal protections for managers that would shield them from accountability if they were to be accused of harassment. This is outlined in California’s Fair Employment and Housing Act, which makes it clear that individuals who engage in harassment can be personally sued in addition to the employer overall. The consequences of being found guilty as a manager could include hefty fines or being forced to resign from their role.

Q: How Long Do I Have to Sue for Retaliation Against My Harassment Claim?

A: California allows you one year from the date of the retaliatory act to file a claim and hold them responsible for their actions. This makes sure attorneys are working with fresh evidence and that witnesses’ memories are not clouded when sharing their own observations. While the state gives you a year, it’s important to connect with an attorney as soon as you can to avoid missing any important deadlines or requirements in the process.

Q: What Are My Options If HR Doesn’t Address My Sexual Harassment Claim?

A: If you are unsatisfied with how your HR department is handling your sexual harassment claim, contact a sexual harassment attorney if you have not already. They can try to better understand why your company is not taking the accusation seriously. They can then provide their professional recommendations on what steps you should take next. This can give you some reassurance by having an ally after the disappointment brought on by your own HR colleagues.

Contact the Fulton Law Corporation Today

If you have been sexually harassed recently at work and are unsure where to turn, connect with our law firm today. We have spent years investigating harassment allegations in the workplace, which has given us a strong grasp on where to look for the most compelling evidence. If you are ready to begin, contact us as soon as you can.