Sexual harassment is a serious matter and should never be taken lightly. Anyone can be a victim of sexual harassment, but it’s a more pressing concern when you experience it in a close, familiar space like your workplace.
According to EEOC, in 2021 alone, one out of four women and one out of five men have experienced sexual harassment in the workplace in California. They are known to have one of the most comprehensive harassment laws in the United States.
Fair Employment and Housing Act (FEHA) prohibits harassment based on sex, gender identity, gender expression, and sexual orientation, among other protected characteristics. The law protects all workers and covers all employers in the state with five or more employees, labor organizations, and employment agencies.
What is Sexual Harassment?
Under FEHA, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that creates a hostile or offensive work environment. Some examples are derogatory comments or jokes, unwanted touching, discussion of sexual acts, unwanted sexual propositions, and any offers of employment in exchange for sexual favors.
It is crucial to note that the law applies not only to interactions between employees but also to harassment by non-employees, such as clients or contractors, if the employer knew or should have known about the behavior and failed to take corrective action.
California also mandates that employers provide regular training on sexual harassment prevention. As of 2019, all employers with five or more employees must provide two hours of sexual harassment prevention training to supervisors and one hour to non-supervisory employees every two years. New employees must receive training within six months of being hired.
What to do if you are a victim of sexual harassment?
Sexual harassment’s effects may vary per victim, but it is a traumatic experience nonetheless. It can be a sensitive topic, which is why some victims feel unsafe in reporting it to the authorities or the management. Understanding your rights is the first step in seeking justice as a victim.
The California Code of Regulations (2 CCR § 11023) mandates that companies and employers must have a sexual harassment policy and ensure that their employees know it. The employer must provide a safe workplace, and should sexual harassment occur, they should be able to take action promptly.
Follow your employer’s process for filing a complaint. Keep all necessary documentation or evidence, such as emails or messages, and include essential information on the report, like the names of witnesses and a detailed description of the incident.
If your employers fail to resolve the problem, you can file a complaint to the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission.
You can also seek legal advice and assistance to understand better how federal and state laws apply to your case. Firms like Ottinger Employment Lawyers can assist you with filing a California sexual harassment complaint and evaluate the relevance of details. They can advise on whether filing a lawsuit makes sense and how different actions might impact your case.
Another thing to be cautious about is sharing the incident with other people. Conversations with your lawyer and health professionals are confidential. However, conversations with friends, family, and co-workers, especially posting about it on social media, are not. Sharing what you discussed with your lawyer can also risk losing the confidentiality protections of those communications.
Things Employers Must Enforce for a Safer Workplace
Employers play a big role in keeping the workplace sexual harassment fee.
Employers should promote a zero-tolerance policy, which should be communicated to all employees, outlining the consequences of engaging in harassing behavior and the process for reporting incidents.
As required by law, regular training sessions should be held to educate employees about sexual harassment, how to recognize it, and the proper channels for reporting it. Training should be interactive and include real-life scenarios to ensure employees understand the seriousness of the issue.
It is essential to foster an environment where employees feel comfortable reporting harassment without fear of retaliation. This can be achieved by providing multiple avenues for reporting, including anonymous options, and ensuring that all complaints are taken seriously and investigated promptly.
Most importantly, when harassment is reported, employers must act swiftly to investigate the claim and take corrective action if necessary. This may include disciplining or terminating the harasser, supporting the victim, and implementing measures to prevent future incidents.
The Importance of a Proactive Approach
Preventing sexual harassment in the workplace is not only a legal obligation but also a moral imperative. By understanding California’s stringent laws, implementing effective training programs, and fostering an open and respectful workplace culture, employers can significantly reduce the risk of harassment and create a safer environment for all employees. Recognizing and addressing harassment when it occurs is also crucial in maintaining this environment.
Sexual harassment is a serious matter and can cause significant trauma. Perpetrators may claim their behavior was “just a joke.” The perpetrator’s intent is not the only factor that matters. The impact on the victim and how a reasonable person would react are also significant.
For any assistance regarding your employee rights, you may contact Ottinger Employment Lawyers here: https://www.ottingerlaw.com/contact-us/
Ottinger Employment Lawyers offers various legal services, including contract negotiation, wrongful termination, and employment class-action lawsuits.
Founder Robert Ottinger Jr. is an employment attorney representing executives and employees in employment disputes. Along with their employment attorneys, they are on a mission to help employees and executives who are victims of discrimination or harassment.
Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.
Published By: Aize Perez
