Harassment in the workplace remains all too common across California and the United States. According to the U.S. Equal Employment Opportunity Commission, “Between FY 2018 and FY 2021, sexual harassment charges accounted for 27.7% of all harassment charges compared to 24.7% of all harassment charges between FY 2014 and FY 2017.” One study estimated that 90% of all individuals who have experienced harassment in the workplace never took any formal action against it. What follows are some steps that you can take if you have been the victim of workplace harassment in California.
Step 1: Understand Your Rights Under the Law
Workplace harassment is expressly forbidden in California under the Fair Employment and Housing Act (FEHA). According to the Civil Rights Department of the State of California, “FEHA prohibits harassment based on a protected category against an employee, an applicant, an unpaid intern or volunteer, or a contractor. Harassment is prohibited in all workplaces, even those with fewer than five employees.” Harassment can take many different forms in the workplace.
- Sexual Harassment: This includes unwanted sexual advances, inappropriate touching, lewd comments, and displaying explicit images.
- Verbal Harassment: This may include yelling, insults, shouting, spreading rumors, or using intimidating language.
- Physical Harassment: This may include pushing, hitting, invading personal space, and destruction of personal property.
- Discriminatory Harassment: This can include harassment that is based on a person’s protected characteristics, including race, religious beliefs, disability, or sexual orientation.
All companies in California have a legal obligation to protect workers from harassment. When an employer has actual or constructive notice that their workers are being harassed, they must take action. Failing to prevent harassment in the workplace could form the basis of a civil claim.
Step 2: Document Everything
If you find yourself facing harassment in the workplace, one of the first steps that you should take is to keep detailed records of all incidents. These records should include important dates, times, involved parties, and any witnesses. Emails, messages, or other evidence related to the harassment should also be preserved. It is also a good idea to keep a journal of how the harassment has impacted your psychological and physical well-being.
Step 3: Report the Harassment
It is important to report harassment that occurs in the workplace. You should follow your company’s reporting procedures. These will typically be outlined in the employee handbook that you may have received when you first got hired. In most situations, you can report the issue to your HR department or your direct supervisor. Many employers also have complaint forms that you can fill out.
Step 4: Consider Taking Legal Action
Employers will often address harassment that occurs in the workplace and take measures to stop it. But in far too many situations, this does not take place. When your employer does not address workplace harassment, you can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). You can also consider hiring an employment law attorney. There are several advantages to speaking with an attorney about your harassment case.
- Legal Expertise: An attorney can help you understand federal and state laws that may be applicable to your particular situation. They can also let you know if you have a valid claim that could be pursued.
- Legal Protection: Unfortunately, employers sometimes retaliate against workers who speak up in the event of harassment. An attorney can take steps to help protect you from retaliation and build a strong case on your behalf if retaliation does take place.
- Building Your Case: An attorney can help investigate your case and acquire the evidence necessary to demonstrate that you were the victim of harassment.
- Negotiations: An attorney can negotiate with your employer in order to help you achieve a fair and reasonable settlement for your ordeal.
It can be intimidating and isolating to seek support in the event of harassment in the workplace. This is why so much of the harassment that takes place never gets reported or addressed. There is a tremendous peace of mind that comes with having an experienced attorney work on your behalf if you are the victim of harassment. You don’t have to go through your situation alone.
Getting Legal Help After Experiencing Workplace Harassment
Harassment in the workplace is no small matter. It can have many negative adverse psychological and physical consequences. According to one study in Innovations in Clinical Neuroscience, “Medical consequences of workplace bullying may include an increase in health complaints such as neck pain, musculoskeletal complaints, acute pain, fibromyalgia, and cardiovascular symptoms.” Many victims of severe workplace harassment also report experiencing anxiety, depression, and even suicidal ideations.
No person should ever be bullied, harassed, or discriminated against in the workplace. If you have been the victim of workplace harassment in California, you may be entitled to financial damages. Our team of employment law attorneys at The Labor Champ is committed to fighting on behalf of victims of workplace harassment and discrimination. Whether you have legal questions or are thinking about hiring an attorney, we are here to serve your needs. You can reach out to us anytime at 949-727-9300.
