Know Your Rights and Take Action Against Sexual Harassment
Besides being inappropriate, sexual harassment in the workplace is unlawful. Too many employees suffer in silence because they do not know how to respond, they are afraid of retaliation or believe that nothing will change. If you are being sexually harassed, the law is on your side. You have a right to speak up, and legal protections are in place to support you. Learn about filing a complaint for sexual harassment in the workplace and get practical advice regarding California laws regarding sexual harassment cases in Los Angeles.
What Counts as Sexual Harassment?
Sexual harassment takes many forms and can be subtle or blatant. The harasser could be anyone you interact with at work, including your supervisor, an owner, a co-worker, a contractor, a manager of another department, a customer, or a client. California law also recognizes same-sex harassment as gender-based hostility.
Under the California Fair Employment and Housing Act (FEHA), sexual harassment can occur in either of the following two ways:
- Hostile work environment: This happens when unwelcome sexual conduct is severe or pervasive enough to make the workplace offensive, intimidating, or abusive. Sexual conduct can occur in the form of comments, gestures, jokes, touching, or other actions.
- Quid pro quo sexual harassment: When a supervisor or another individual with authority makes a demand for sexual favors in exchange for job benefits or threatens consequences for refusing the demand is termed “quid pro quo harassment.”
Document the Harassment
If you are considering filing a sexual harassment complaint, start collecting evidence to support your claim. Keep detailed records of what occurred, including dates, times, locations, and what was said or done. Note any witnesses present. Save relevant communications, including text messages, emails, chat logs, and voicemails.
As memory can blur under stress, it is crucial to create a written timeline to strengthen your case. If you reported an incident informally to a co-worker, supervisor, or HR, make a note of it. Do not store your notes on your work computer or a company cloud. Email a copy to a personal email address to create a timestamped record.
Review the Company Sexual Harassment Policy
Particularly in California, most companies maintain a written policy on sexual harassment. This policy should outline your employer’s complaint procedures and tell you who to report to and how. Under the California Code of Regulations, Title 2, Section 11024, employers with five or more employees are required to have a written policy in place and provide sexual harassment prevention training to supervisors and employees. Failure to do so is a red flag that could bolster your claim.
Make an Internal Complaint
It may be a good idea to report the harassment internally before taking further action. It shows that you gave your employer an opportunity to address the issue and may help support a legal claim. Do not be persuaded to “talk it out” with the harasser or to drop the issue quietly. You have a right to make a formal report, and your employer has a legal obligation to investigate.
Follow the complaint procedure outlined in the company’s policy. Submit a detailed, written report to your supervisor, HR, or another designated individual, and keep a copy for yourself. Be specific. Describe what happened, when, and who was involved. If it was not the first time, say so, as well as how the harassment affected your work.
File a Complaint with the California Civil Rights Department (CRD)
If your employer fails to take meaningful action or retaliates against you in response to your complaint, the next step is to file a formal complaint with the California Civil Rights Department (CRD). You must file within three years of the date of the most recent incident. CRD will evaluate your allegations and either investigate or issue a Right-to-Sue notice, which allows you to proceed with private legal action. In employment cases, you must obtain an immediate Right-to-Sue notice from CRD before filing a lawsuit.
Consult with an Experienced Employment Attorney
If you are being sexually harassed, consider speaking with an employment lawyer at any stage, even before filing an internal complaint. These cases can be challenging to navigate alone. An experienced attorney can help you with all of the following important issues:
- Evaluate the strength of your claim
- Help you prepare an internal complaint or a formal complaint for filing with CRD
- Represent you in mediation, administrative hearings, or court
- Ensure you are protected from employer retaliation
- Seek damages for lost wages, emotional distress, and other losses
Retaliation is a Common Occurrence
It is against the law for employers to retaliate for reporting sexual harassment or participating in an investigation, but it happens, nevertheless. Retaliation can occur in various forms, including firing, demotion, reduced hours, transfer to a less desirable position, or further harassment. If you are retaliated against, document everything and notify CRD and/or your attorney immediately. You may be entitled to additional compensation for retaliatory action taken by your employer against you.
You Deserve a Safe Workplace
No one should endure harassment to try to keep a job or to earn a living. Whether you work in entertainment, hospitality, healthcare, tech, or any other industry, you are entitled to a work environment free from sexual harassment. When you are ready to take action, Lemberg & Castro Law is here to support you every step of the way. Our legal team can investigate the situation, gather evidence, and develop a strategy to seek remedies under the law. Contact us to speak with an experienced Los Angeles workplace harassment attorney at 213-583-5737.
