Sexual Harassment at Work

Sexual harassment in the workplace is not only unacceptable, but it is illegal under California and federal law. This unlawful conduct can undermine an employee’s confidence, disrupt their career, and harm their mental well-being.

What is Sexual Harassment at Work

Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Such behavior can create a hostile, intimidating, or offensive work environment or interfere with job performance. Key elements include:

• The behavior is unwelcome
• It is sexual in nature
• It impacts your work environment or ability to perform your duties

Examples of Sexual Harassment at Work

Sexual harassment manifests in various ways, including:

• Quid Pro Quo Harassment: Job benefits, such as promotions or raises, are conditioned on accepting sexual advances (e.g., a supervisor offering a raise for a sexual favor).
• Hostile Work Environment: Persistent or severe sexual conduct disrupts your ability to work (e.g., repeated lewd comments, inappropriate touching, or displaying explicit materials).
• Verbal Harassment: Sexual jokes, lewd remarks, or requests for sexual favors.
• Physical Harassment: Unwanted touching, blocking movement, or sexual gestures.
• Visual Harassment: Sharing or displaying offensive images or messages.

Laws Protecting Your Rights at Work

Federal Protections

• Title VII of the Civil Rights Act: Applies to employers with 15 or more employees. It prohibits sex-based harassment and discrimination, enforced by the Equal Employment Opportunity Commission (EEOC).

California Protections

• Fair Employment and Housing Act (FEHA): Covers employers with 5 or more employees. It mandates harassment prevention training and imposes strict employer accountability, offering broader protections than federal law.

How to Protect Yourself if You Experience Sexual Harassment at Work

If you face sexual harassment, prompt action is vital. Consider these steps:

1. Inform the Harasser: If safe, clearly state that the behavior is unwelcome.
2. Document Every Detail: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages, or reviews that reveal bias. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
3. Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
4. Report to Your Employer: Submit a written complaint through your company’s HR or complaint process.
5. File a Claim: Contact the California Civil Rights Department (CRD) within 3 years of the incident or the EEOC within 300 days for federal claims. An attorney can help you with filing these claims.
6. Consult an Attorney: An experienced employment lawyer in California can navigate the legal process and safeguard your rights.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.