Reporting sexual harassment in California can feel daunting, but understanding the correct channels can make the process more manageable. Victims of sexual harassment should report the incident to their employer, following the company’s specific protocols for such reports. This often involves submitting a written complaint detailing the incident and any relevant information.
If internal reporting doesn’t resolve the issue, or if the victim feels unsafe doing so, other options are available. They may contact external agencies such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). These organizations can offer additional support and investigate claims. Rubin Law Corporation is also here to help.
Documenting each step taken and maintaining copies of all communications is crucial. This careful record-keeping can provide critical evidence if the case escalates to a legal proceeding.
Understanding Sexual Harassment in the Workplace
Sexual harassment in the workplace encompasses various forms of unwelcome behavior and is prohibited by both federal and state laws. Here are the key definitions and protections that help employees know their rights and actions they can take in California.
Definitions and Forms of Sexual Harassment
Sexual harassment is a form of sex discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
There are two main types:
- Quid Pro Quo Harassment: This Latin phrase stands for “this for that.” In the case of workplace sexual harassment, it means that a decision related to the employee’s job is dependent on whether they agree to an act of sexual nature. It also occurs when an employee’s future in the organization depends on their partaking in these acts. For example, if a superior suggests or remarks that an employee will be getting a promotion if they agree to provide sexual favor. In this case, the employee is subjected to quid pro quo sexual harassment.
- Hostile Work Environment: Workplace sexual harassment happens when unwanted acts of sexual nature create a threatening, intimidating, and abusive work environment that is so pervasive, severe, and persistent that it affects the employee’s mental health, leading to their inability to perform at work. The harasser can be a person of authority or even a peer. It happens when the conduct is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment.
Even if the harasser is a supervisor, co-worker, or even a non-employee, these situations can still be considered harassment.
Rights and Protections Under California Law
California provides robust protections against workplace sexual harassment. Under the Fair Employment and Housing Act (FEHA), all employers with five or more employees must prevent harassment in the workplace.
Employees also have the right to file a complaint with the California Department of Fair Employment and Housing (DFEH) if they experience harassment.
Mandatory Training: Employers must provide sexual harassment training to all employees.
No Retaliation: It’s illegal for employers to retaliate against employees for reporting harassment.
Legal assistance is available, and consulting an employment lawyer in Los Angeles from Rubin Law Corporation can provide further guidance on taking action.
Reporting Sexual Harassment
In California, reporting sexual harassment is a structured process that involves notifying internal company channels as well as external agencies and authorities. Measures to protect confidentiality and whistleblowers are also crucial.
Internal Company Reporting Channels
Employees should initially report any incidents of sexual harassment to their employer. Most companies have specific policies in place guiding this process, typically detailed in employee handbooks or internal guidelines.
Reports can be made directly to a supervisor, a designated HR representative, or through an anonymous reporting system if available. For documentation purposes, it is advisable to submit a written report and keep a copy. Our attorneys here at the Rubin Law Corporation suggest providing as much detail as possible, including dates, times, and descriptions of incidents, to ensure a thorough investigation.
External Agencies and Authorities
If internal reporting does not resolve the issue, or if the harassment involves direct supervisors where internal reporting may not be feasible, employees can seek assistance from external agencies. The California Department of Fair Employment and Housing (DFEH) is one such body where complaints can be formally filed.
Title VII of the Civil Rights Act and California’s Fair Employment and Housing Act are laws that protect against workplace sexual harassment. Victims can also approach the Equal Employment Opportunity Commission (EEOC), which handles federal complaints. Legal advisors at Rubin Law Corporation can guide the filing process and represent employees throughout investigations and potential legal proceedings.
Confidentiality and Whistleblower Protections
Maintaining confidentiality is critical during the reporting and investigation process. California law provides protections for victims and whistleblowers to prevent retaliation. Employers are legally required to keep reports of sexual harassment confidential to the greatest extent possible and must establish anti-retaliation policies.
Whistleblower protections ensure that employees who report harassment are not subject to adverse actions like demotion, termination, or ridicule. Laws enforced by the California Department of Justice and other agencies ensure that employees can report misconduct without fear of retaliation. Such measures encourage transparency and accountability, essential for a safe and respectful workplace environment.
Legal Recourse and Representation
When facing sexual harassment in California, there are specific legal avenues available for victims seeking justice. These include filing a complaint with the Department of Fair Employment and Housing (DFEH) and pursuing civil lawsuits. Both pathways provide remedies to address and combat workplace harassment.
Filing a Complaint with the Department of Fair Employment and Housing
Victims can file a complaint with the Department of Fair Employment and Housing (DFEH). This department handles allegations of sexual harassment in California workplaces. To start, the victim should submit an intake form online, by mail, or in-person.
The DFEH will then evaluate the complaint and may investigate the claim. If the investigation finds merit, the agency could proceed with formal accusations against the employer.
During this process, it’s essential to keep detailed records of all incidents and communications. Legal representation, such as an experienced employment lawyer in Los Angeles or Rubin Law Corporation, can significantly aid in navigating the complexities of the DFEH complaint process.
Civil Lawsuits and Remedies Available
If the DFEH route does not resolve the issue, victims can file a civil lawsuit. If your employer, peers, or anyone else at work has made you uncomfortable through sexual harassment, we highly suggest you contact the employment attorney of Rubin Law Corporation as soon as possible. Victims have three years from the last incident of harassment to initiate legal action according to the sexual harassment statute of limitations in California.
Civil lawsuits can lead to various remedies including monetary damages for emotional distress, lost wages, and punitive damages. Additionally, victims might seek other non-monetary remedies such as reinstatement or policy changes within the workplace.
Retaining an attorney, such as those from Rubin Law Corporation, can help victims build a strong case, gather necessary evidence, and represent them effectively in court. Legal counsel ensures that all procedural requirements are met, and victims are well-prepared for any legal proceedings.
Rubin Law Corporation will help you bring justice to yourself and hold the perpetrators accountable for their actions. There is no need for you to suffer from unwelcome sexual advances or other types of abuse. Contact our sexual harassment lawyer Los Angeles for a completely confidential and free consultation.