While the employment laws in the United States and California prohibit sexual harassment in the workplace, many women still report experiencing it. If that describes your situation, you may need to speak to sexual harassment in the workplace lawyer and take immediate steps to use the available laws to put an end to it. Staying quiet about this or any other type of harassment may only escalate the behavior and damage your ability to perform well at your job.
What is sexual harassment in the workplace?
Sexual harassment in the workplace refers to unwanted and unacceptable conduct of a sexual nature that can transform the workplace environment into an offensive, intimidating, and hostile place. It may be verbal, physical, or visual and may be motivated by sexual desire or the deliberate intent to insult, harass, offend, and intimidate. Whatever the motivation, the actions can have a devastating impact on the victim and bystanders. You may need to consult sexual harassment in the workplace lawyer if you experience any of the following behaviors and your employer does nothing to stop it:
• Unwanted advances and persistent requests for dates
• Uninvited touches, grabs, or kisses
• Repeated intrusions into personal space
• Rude gestures or obscene staring, especially at private parts
• Lewd, suggestive, and creepy discussions, remarks, compliments, and jokes
• Demands for sexual favors in exchange for employment or career advancement
• Work sabotage for refusal of sexual advances
• Pornographic messages, photographs, and videos
• Offensive and damaging rumors
• Taking photographs without permission or knowledge
What are the laws that protect you from sexual harassment?
When it comes to legal protection from sexual harassment, the U.S. federal law and the California state law recognize quid pro quo and hostile work environment types of sexual harassment. The federal Title VII of the Civil Rights Act of 1964 forbids sexual harassment. At the state level, California’s Fair Employment and Housing Act (FEHA) deems it unlawful to harass anyone based on sex. The California Department of Fair Employment and Housing (DFEH) investigates and prosecutes cases of sexual harassment and discrimination.
The federal and state laws make employers legally responsible for preventing or immediately correcting workplace harassment and discrimination and ensuring a safe work environment for all employees. They must provide employees with Brochure 185 by the DFEH or the company policy that clearly states in writing that the company will not tolerate sexual harassment. The employer must also respond promptly to complaints about sexual harassment and take appropriate and well-documented steps to investigate the matter and take action against the perpetrator.
What steps can you take to get justice against sexual harassment?
The following suggestions may help you to protect yourself from sexual harassment in the workplace:
• Call 911 or the local police if you are in a life-threatening situation.
• Keep a record of each incident the sexual harassment, noting when it happened, what happened, what was said, and who witnessed it. Save the offensive emails, messages, notes, voice messages, photographs, or videos as evidence.
• Check if your company has a sexual harassment policy and follow the procedure to report to the employer, the manager, and the HR department. Make your complaints in writing and keep copies.
• File a complaint with the California Department of Fair Employment and Housing (DFEH) online or via email, mail, or phone. If your employer has 15 or more employees, you can also file a complaint with the Federal Equal Employment Opportunity Commission (EEOC). Since both agencies cross-file complaints, you only need to file your complaint with one or the other. The agency will investigate the case and ask the other party to respond. If the response is unsatisfactory, the agency will consider legal mediation or a lawsuit.
• Consult sexual harassment in the workplace lawyer and get legal representation.
How to hire sexual harassment in the workplace lawyer?
The following tips may help you hire a competent lawyer:
• Ask family or friends for a recommendation or search online for a lawyer in your area.
• Research the lawyer’s educational credentials and work experience, read client testimonials and arrange an initial consultation meeting.
• Find out about legal fees and expenses.
• Inquire about the likely outcome if you file a lawsuit against your employer.
