Sexual harassment in the workplace is a serious issue that affects many employees. If you are a victim of sexual harassment, it’s important to know that you have legal protections and steps you can take to report the harassment. This guide will walk you through the necessary steps to report sexual harassment and protect your rights as an employee.
What Is Sexual Harassment?
Sexual harassment includes any unwelcome behavior of a sexual nature that creates a hostile work environment or results in adverse employment decisions. There are two primary types of sexual harassment recognized by law:
- Quid pro quo: This occurs when job benefits such as promotions, raises, or continued employment are contingent on submitting to sexual advances.
- Hostile work environment: This occurs when unwelcome sexual conduct creates an intimidating, offensive, or hostile work atmosphere.
Understanding these definitions is key to identifying whether what you’re experiencing qualifies as sexual harassment under the law.
Step 1: Document the Harassment
If you are experiencing sexual harassment at work, the first step is to document every instance of harassment. This evidence is crucial when it comes to filing a formal complaint. Be sure to record:
- The dates and times of each incident.
- Detailed descriptions of what happened.
- The names of the individuals involved and any witnesses.
- Any communications, such as emails, texts, or voicemails, that may support your claim.
Having a comprehensive record strengthens your case and makes it easier to prove that harassment occurred.
Step 2: Report the Harassment to Your Employer
Most employers have internal policies in place for reporting sexual harassment. Review your employee handbook to understand your company’s specific procedures, and then report the harassment through the appropriate channels, such as your human resources (HR) department.
- Submit a written report: Provide a detailed account of the harassment, including dates, names, and specifics of each incident.
- Keep a copy: Always keep a copy of your report and any correspondence between you and HR for your records.
Reporting the harassment internally is a required step before pursuing external legal action, and it also gives your employer the opportunity to address the issue.
Step 3: Understand Your Rights to Protection
Both federal and California state laws provide employees with legal protections against sexual harassment. Understanding these laws can help you feel empowered to take action:
- Title VII of the Civil Rights Act: This federal law prohibits sexual harassment in the workplace.
- California Fair Employment and Housing Act (FEHA): FEHA offers additional protections for California employees, making it illegal for employers to retaliate against employees who report harassment.
If your employer fails to take action or retaliates against you for filing a complaint, you may have grounds for further legal action.
Step 4: File a Complaint with the EEOC or DFEH
If your employer does not resolve the harassment internally, you can file a formal complaint with a government agency. The two primary agencies that handle workplace harassment claims are:
- Equal Employment Opportunity Commission (EEOC): Handles federal claims. You must file your complaint within 180 days of the harassment.
- California Department of Fair Employment and Housing (DFEH): Handles state-level claims, with a filing deadline of three years from the date of the harassment.
These agencies will investigate your claim and attempt to mediate the situation. If mediation fails, they may issue a “Right to Sue” letter, allowing you to file a lawsuit against your employer.
Step 5: Seek Legal Assistance
Sexual harassment cases can be complicated, and legal guidance is crucial to protecting your rights. If your internal complaint or government investigation does not result in a resolution, working with an experienced employment attorney can help you pursue legal action. An attorney can:
- Advise you on the strength of your case.
- Help gather additional evidence.
- Represent you in court if necessary.
At PLBH, we are dedicated to helping employees who have experienced sexual harassment in the workplace. Contact us at (800) 435-7542 to discuss your options and ensure your rights are protected. Taking action against sexual harassment is a critical step toward achieving a safer work environment for all employees.