California Government Code 12940 is the main state law on sexual harassment, otherwise generally classified as Fair Employment and Housing Act (FEHA). Sexual harassment comes in the form of “quid pro quo” harassment (which are sexual advances from supervisors/ employers) and a hostile work environment where sexual advances, comments, or conducts are severe. Many of these incidents go unreported because most of us are not conversant with employment laws, especially understanding what qualifies to be sexual harassment and the steps to take if you are sexually harassed. This blog will help you understand the steps you can take if you are facing sexual harassment at your workplace.

  1. Establish Whether the Behavior is Sexual Harassment

First, you need to evaluate whether the behaviors you are experiencing fit the requirements for being classified as sexual harassment before filing a complaint with Human Resources.

Let’s take a look at these three yet every day possible scenarios:

"Hey Mary, I really like your outfit."

Your coworker turns off the porn on his computer screen and says, "Hey Mary, I didn't notice you standing there."

"Hey Mary, we're going to fire you if you refuse to sleep with me."

Do the above scenarios qualify to be sexual harassment? Behaviors must meet the following characteristics to meet the requirements for sexual harassment:

  • The victim must be aggrieved. Even in the last case, if Mary finds it amusing and isn't upset in the least, it isn't sexual harassment. On the other hand, Mary isn't always the sole sufferer in the first scenario. Another person (say Steph) could also be deemed a victim if she overhears the statement and gets offended. The fundamental question to address when determining whether a situation or comment is sexual harassment is if the sexual comment or conduct is "unwelcome."

  • A reasonable individual would find the comment or conduct insulting. In the first case, the compliment must fulfill the standard of a prudent person. In this circumstance, a slew of questions would arise. What has been their typical relationship? What method was used to deliver the compliment? Would a stranger on the street think the remark was creepy or just regular human behavior? It's not always easy to determine sexual harassment since it is not straightforward.

  • The activity must be severe or widespread. One remark like "Hey Mary, we're going to fire you if you refuse to sleep with me" is enough to constitute sexual harassment. One incident of accidentally viewing pornography for a few seconds is unlikely to result in a toxic work environment.

As you've seen, circumstances are not always straightforward to analyze, and people's perspectives on what constitutes sexual harassment differ. The undesirable word suggests that a manager can have a sexual connection with a colleague and not face a sexual harassment charge if the employee desires the relationship and doesn't impact other employees. Another concern is if the business policies restrict the affair.

If, on the other hand, you're wondering if some other person's statement constituted sexual harassment or whether their conduct was inappropriate, the action has already met the criteria.

  1. Tell the Person to Stop Harassing You

You might begin by asking the harasser to cease. Although it may be challenging for you to confront the harasser, it is typically the most efficient handling of harassment. Suppose somehow the harassment has not yet progressed beyond off-color remarks, improper comments regarding your appearances, or nasty cartoons displayed on the workplace refrigerator. In that case, you have a high chance of succeeding.

It's critical to state unequivocally that you want the harassing conduct to cease. This communicates to the harasser that the behavior is unacceptable (which has to be to meet the legal definition of sexual harassment). It's also an essential first step if you want to take more official action against the harasser later.

If the harasser rejects your verbal demands to stop, or maybe if you feel uncomfortable speaking with the harasser one on one, send a concise letter explaining that the conduct offends you and, therefore, must stop. If you're worried about your safety or think the harasser will be more hostile if challenged, report it to a superior instead.

  1. Adhere to your Company's Formal Sexual Harassment Complaint Procedures

If addressing the harasser does not stop the harassment, you should file a formal complaint with your employer. Look at your company's employee handbook, manual, intranet, or personnel policy for more information. Is there a policy against sexual harassment or complaints?

If that's the case, stick with it. If not, talk to your boss or a human resources or personnel department employee about how to file a sexual harassment complaint. Assuming you don't receive the assistance you require, move up the hierarchy to managers and directors, recording your progress as you move along.

Usually, these policies state that you should report inappropriate behavior to your supervisor (if your supervisor is not the offender) or to the human resource department. They could also provide someone else's name to contact, particularly in organizations without advanced human resource functions. (To be covered by the sexual harassment statute, a company must have 15 or more employees.)

It is better to follow these measures if your organization has sexual harassment policies. Direct your report to the listed person or department, and do this in writing. You can disclose sexual harassment to any superior in the firm if you are uncomfortable reporting to the individual specified for any reason whatsoever.

Although filing a complaint at your workplace can be challenging, and you might wish to let go, don't. According to the United States Supreme Court, employees who neglect to use their company's internal grievance procedure to notify the company about sexual harassment and offer the company an opportunity to stop this might not have the grounds to hold the company accountable in a lawsuit. This implies that you're more prone to losing in court if you fail to file a complaint within the corporation first.

Even if the firm doesn't have an official complaint mechanism, you should notify them of the harassment. You can accomplish this by filing a complaint with human resources, informing your boss (or their supervisor), or informing a business official.

Whatever you do, don't put off reporting sexual harassment for too long. The statute of limitations is 180 days from the conduct, or 300 days if the state law covers the incident. If you wait too long, your firm may still intervene, but they are under no obligation to do so.

  1. You Should Document Your Claims

Suppose you have to substantiate your claims to a business investigator, a jury, or a government agency. In that case, it's critical to chronicle what's happening to you and what you're doing to attempt to stop it.

Begin by gathering as much information as you can about the harassment. You should keep any photographs, offensive letters, notes, or cards you receive. If you've been made uncomfortable in your workplace because of cartoons, pin-ups, or jokes, take them away or at least take pictures or make copies. You can take down an anonymous, obnoxious photo or joke put on a bulletin board and keep it as evidence because it isn't anybody else's private property.

Remember to take note of the periods in which the harasser released the offending information, as well as any unpleasant reactions you received when you removed it or urged another person to do so.

Keep a complete log of any harassment situations as well. Also, include all those involved, what transpired, and when it occurred. It would be best if you noted anyone else who witnessed or overheard the harassment. Please provide as much detail as possible regarding what was being said and how it impacted you, your job performance, or your health. Keep your notes and journal at home or in a secure location away from the office.

You need to ensure that you make copies of your performance assessments and other critical personnel records. Before protesting about a harassing coworker, you should request a copy of your whole personnel file. If your company retaliates against you for complaining, although it is illegal, your documents can be compelling evidence. Suppose you've had excellent performance reviews till you complain, and afterward, your supervisor seeks to demote, transfer, or terminate you, or says your job performance is unsatisfactory. In that case, you'll need to use your records as a backup.

  1. Make a Complaint to Government Agencies

If reporting to your company doesn't help, you can turn to the federal agency that implements Title VII, the United States Equal Employment Opportunity Commission, or your state's fair employment office. If investigative and settlement attempts do not generate satisfactory results, you can pursue a civil case for reparations under Title VII or your state's acceptable employment practices legislation.

File a Complaint with the Equal Employment Opportunity Commission (EEOC)

Even if you want to launch a lawsuit from the start, you may need to file a claim with a government body first. An individual filing a grievance under federal legislation, for example, should first submit a suit with the Equal Employment Opportunity Commission (EEOC), and state laws require a similar complaint procedure. You can also file your case with a state or local Fair Employment Practices Agency (FEPA).

You can search out the EEOC regional office serving your zip code by going to this site. If you click the State and Local Agencies button, you will also see whether there is a FEPA near you.

After you make a complaint, the agency will examine to see if evidence to believe the prejudice occurred. If the board establishes no cause, it will issue you a Right to Sue letter, allowing you to file your lawsuit with the help of your lawyer. However, if the agency discovers reason, they may try to address the matter directly with the company through a procedure known as "conciliation," litigate it (rarely), or send you a legal recourse letter again so you can take your matter to court.

  1. File a Lawsuit

You have 90 days from the date you get your right to sue letter to initiate a lawsuit. Consult your lawyer about the appropriate course of action in your instance, but please remember that the lawsuit can be a lengthy process.

You must be fully aware that it would be uncomfortable and that you'll be required to divulge personal information, as well as information on your efficiency and a variety of other topics. Your health records and perhaps even records from therapy may be par for the course for both parties to dig into and evaluate when you're arguing for psychological trauma damages, for example. In litigation, several things come out that people aren't expecting.

  1. Take Care of Yourself

Going through sexual harassment is an awful experience. It can be devastating emotionally and mentally. Therefore, it is crucial that as you go through the legal process, you also find ways of maintaining your well-being.

There are several avenues that you can explore in doing this:

Find a Support Network

While this is essential in everyday life, a support network is even more critical after going through a traumatizing experience like sexual harassment. Surround yourself with understanding individuals with whom you can trust and have a solid relationship. You can share with them your experiences. You will thus know that you are not alone since other individuals are ready to support you through the entire process.

Seek Professional Help

Although your support group might prove helpful, you might not get all the expertise needed to go through your situation. Despite having your lawyer, you can also talk to a therapist who will help you process everything from the proper perspective. You will also get long-term help on measures you can take further to keep yourself safe from the moment you notice any mishap in your life.

Engage in Positive Activities

The encounter might fill you with thoughts and negative emotions, which can be draining. You must determine to help yourself overcome everything by participating in activities that will fill you with positive energy. You can resort to exercise, art, pottery classes, music, yoga, religion, or any other activity that can give you peace and fulfillment.

Contact California Sexual Harassment Attorney

With the help of an experienced employment lawyer, you can get all the help you need to go through the necessary steps and, ultimately, get the justice that you deserve if you are sexually harassed at work. If you are facing sexual harassment at work in Los Angeles, California, get in touch with Stop Unpaid Wages at 424-781-8411 today. Our lawyers will review your case and even help you file a sexual harassment complaint.