Work Place Harassment Laws and What You Can Do

California law is apparent on workplace harassment and what an employee must do when he/she is harassed. Under California Government Code 12940 is the Fair Employment & Housing Act, which protects employees’ rights to file a suit against their employers for monetary damages in case of work-related harassment. Even with the laws in place, we still have high numbers of work-related harassment at work. Employers need to know what the law states and what is required to create safe working environments for all. Employees need to know about their rights if faced with a possible harassment situation. This blog will help you understand what work harassment is and how to handle it.

Workplace Harassment and What it Entails

The California Fair Employment & Housing Act defines two distinct types of work-related harassment:

• The Quid pro quo form of harassment, whereby a supervisor or manager demands sexual favors from an employee in exchange for workplace benefits like job retention, praise, or promotion

• Hostile working environment form of harassment, whereby bullying and harassing conduct makes a workplace unconducive for employees

Sexual harassment is quite common in working environments, and it affects all employees, including men and women, young and old. The second form of work-related harassment does not concern sexual harassment at all. However, that does not make it less severe. A hostile working environment will make it hard for the affected employee to work productively. It may include harassment based on an employee’s race, sexual orientation, religion, or nationality.

For you to have a reasonable claim under California workplace harassment laws, you must demonstrate that the harassment was pervasive or severe. It means that minor cases of isolated and insensitive conduct may not support harassment claims under the law.

Here are examples of conducts that might illustrate the definition of work-related harassment under California labor laws:

Example 1: Ever since he started working in Company X, Mark’s supervisor has been making sexual advances. One day the supervisor asks Mark to work a little longer after everyone else has left the office. She takes advantage of their being together in the office alone to make her intentions known to Mark. She even offers to help Mark move to a better neighborhood if he agrees to have dinner at her apartment. She then touches Mark inappropriately without his consent.

Mark’s experience with his supervisor is a clear form of quid pro quo form of sexual harassment. Mark might be able to file a claim under the state’s labor law for compensation.

Example 2: Ever since she relocated to the United States, Mona has not been able to drop her accent. That has made it hard for her to find work in the past. Recently, she got hired as a receptionist in a busy law firm. The problem is that her colleagues and even her immediate supervisor will not stop making fun of her. They keep imitating everything she says and even threaten to have her fired if she won’t improve how she speaks.

Mona is working in a hostile environment, affecting how she performs in her job. She can file a successful claim under California labor law for compensation.

Note that workplace harassment is experienced by others and not just employees but also by job seekers, unpaid interns, independent contractors, and volunteers. You might have a valid claim if you experienced a severe form of harassment in a workplace environment, regardless of the type of worker you are.

Even though sexual harassment is the most common form of work-related harassment in California, it is not the only one. Non-sexual work-related harassment is rampant too, and could be based on the following:

• Religion

• Race

• Nationality

• Color

• Immigration retaliation

• Mental and physical disability

• Ancestry

• Genetic information and medical condition

• gender

• Sex

• Gender expression or identity

• Marital status

• Age

• Veteran or military status

Example3: Lucia works in a Muslim school. She is the only Christian working in the school. The school principal and other teachers are constantly discussing Islam versus Christianity. Sometimes they make sneaky comments about Christianity that do not go very well with Lucia. Not a day goes without Lucia’s colleagues making her feel unwelcome. The principal even says they are looking for a Muslim teacher to replace her.

Lucia is working in a hostile working environment. Any reasonable worker will have a hard time performing in an environment like that.

Work Harassment Could Be From Someone Else and Not The Boss

Workplace harassment is almost always associated with bosses and supervisors. But some cases are different.

You could face work harassment without the involvement or knowledge of your boss. That will not make your claim less viable.

Sexual harassment is mainly associated with bosses and supervisors since there is always a benefit from the sexual favors, like a promotion or protection from other forms of harassment. Bosses are always in the position to grant these benefits. But a hostile working environment can exist without the involvement or knowledge of a boss. Other workers can commit it against one or more workers, making it impossible for the affected worker(s) to perform his/her duties as expected.

Other forms of work-related harassment are committed by people that do not work in that environment. It could be a visiting contractor or even a client. They are called third-party harassment.

The law regards employers as responsible for any form of harassment in their workplaces. However, it could be different if the harassment occurs without the knowledge of a supervisor or by a third party.

If you face harassment at the hands of your supervisor, your employer is mainly responsible for that, even if your employer was not responsible for causing that to happen.

However, if another person other than your boss harassed you in your workplace, your employer will only be responsible if he/she acted negligently concerning the work-related harassment. An employer is regarded as negligent if he/she was aware or should have been aware of the work harassment but did not take necessary action to correct it.

Note that California Civil Code 51.9 gives people the right to file a lawsuit when they face sexual harassment at the hands of professionals. If you were harassed by an attorney, doctor, therapist, or teacher, you should be able to sue for damages under this law.

How To Handle Workplace Harassment

Workplace harassment will make you hate your job, even when you have the best job in the world. It is an experience you do not wish for anyone. Work harassment has made even the best workers unable to perform in their careers.

But the employment law is very protective of California employees who undergo workplace harassment at the hands of their bosses, colleagues, and third parties. It means that you do not have to remain silent. If you act, you could help bring this menace to an end sooner than later.

Here are some steps you could take if you face work harassment today:

Tell Someone About It

Speaking about your experience should be the first step instead of suffering in silence. However, choose carefully who to tell, based on the kind of help you wish to receive regarding the matter. It could be your immediate supervisor or an official in the Human Resource Department in your organization.

If you face harassment at the hands of your supervisor, the HR department could provide you with guidelines on what to do to receive the help you deserve. A person in the HR department might stop the harassment or provide a guideline on what you should do to find help, including filing a lawsuit against the perpetrator in a civil court.

Speaking to a person who understands the labor laws well will be even better as the person will understand your predicament well and offer a solution. The HR department will also guide you in filing a winning lawsuit in court.

You may also want to seek the advice and guidance of an experienced attorney. Sometimes speaking to a person from within the organization may seem futile, especially if you face harassment from your colleagues and boss. In that case, an attorney will be of more significant help.

Lodge a Complaint with the State Department of Fair Employment & Housing

Some employees are not comfortable talking about workplace harassment with people where the harassment occurs. In that case, you can lodge a complaint with DFEH. It is a state agency responsible for enforcing civil rights laws in California. The department aims to protect people in California against unlawful discrimination in employment and other areas like businesses and housing.

Note that filing a complaint with the department is a crucial step to take before you can file a lawsuit against your employer in a civil court.

Once DFEH receives your complaint, it will act in one of these two ways:

• Issue you with the right to file a lawsuit against your employer

• Investigate the complaint, then give you the way forward

Based on the circumstances of your situation, the department might give you a right to sue your employer or harasser immediately. That could happen in the most severe forms of work-related harassment.

Once you are given the notice to sue your employer or harasser, you can contact an experienced employment attorney to help you through the legal process and ensure that you receive the compensation you deserve. In most cases, legal suits against workplace harassers are mainly for financial damages, including the emotional distress you might have experienced at the hands of your harasser. You might also be able to recover punitive damages in extreme cases of work-related harassment.

But DFEH might decide to first investigate your case before issuing you with the right to file a lawsuit against your employer or harasser. In that case, you will need to wait a few days or weeks, depending on the circumstances of the case.

Note that there will be a time limit to bring harassment lawsuits or complaints. You must file a workplace harassment complaint with DFEH within three years after the harassment. Once the department grants you the right to file a lawsuit against your harasser or employer, you have one year within which to file a lawsuit with the civil court for damages.

Note that the state harassment law makes it illegal for your employer or harasser to retaliate once he/she realizes that you have filed a complaint or a lawsuit against them. Retaliation could come in many forms, including wrongful termination. The law also protects employees who choose to help investigate harassment cases.

Why Your Employer Could be Responsible for Your Workplace Harassment

California employers are charged with ensuring that their workplaces are safe and conducive for their employees. The labor law provides a detailed guideline for employers to establish a workplace free of harassment. Some of these guidelines are:

• Having a clear policy against all kinds of work-related harassment

• Communicate this policy to every employee after recruitment, with a regular reminder

• Training managers and supervisors on anti-harassment policies

• Having the DFEH’s workplace harassment poster in prominent places throughout the workplace

• Distributing brochures on DFEH work harassment to all supervisors and employees

Employers must also be at the forefront in demonstrating acceptable behavior to their supervisors and employees to curb unwanted conduct like harassment. In case of a complaint by an employee regarding harassment, the employer must not take the matter lightly but investigate and take action if the complaint is valid.

Find a Competent Employment Attorney Near Me

If you or someone you know faces workplace harassment, it helps to know the steps you can take to find help and stop the problem once and for good. An experienced employment attorney could help you understand the labor law regarding workplace harassment and what you must do to find the help you deserve. If you need guidance and assistance with filing a complaint and lawsuit for workplace harassment in Los Angeles, California, we at Stop Unpaid Wages are here to help you. Call us at 424-781-8411, and let us study the details of your situation for the right course of action.