Workplace harassment is a serious issue that can create a toxic work environment and negatively impact employees’ well-being and careers. Whether it involves verbal abuse, discrimination, unwanted advances, or retaliation, every worker has the right to a safe and respectful workplace.
If you are facing harassment at work, taking the right steps to report and stop the behavior is crucial. At PLBH, we help employees understand their legal rights and take action against workplace harassment.
Understanding Workplace Harassment
What Qualifies as Workplace Harassment?
Workplace harassment includes any unwelcome conduct based on protected characteristics such as:
- Sexual harassment – Unwanted sexual advances, inappropriate comments, or requests for favors.
- Discriminatory harassment – Targeting an employee based on race, gender, age, disability, religion, or national origin.
- Verbal or physical abuse – Threats, bullying, name-calling, or intimidation.
- Retaliation – Punishing an employee for reporting misconduct or standing up for their rights.
Harassment does not have to be physical—repeated offensive jokes, exclusion from work activities, or constant criticism based on personal traits can all be forms of harassment.
Step 1: Document the Harassment
Before filing a complaint, gather as much evidence as possible to support your case. Keep a detailed record of:
- Dates, times, and locations of the harassment.
- What was said or done, including specific words or actions.
- Witnesses who were present.
- Emails, text messages, or written communication related to the harassment.
Documentation is crucial in proving patterns of harassment and protecting your legal rights.
Step 2: Report the Harassment Internally
Most companies have policies and procedures for reporting workplace harassment. Follow these steps:
- Review your company’s handbook to find the proper reporting process.
- Report the harassment to your manager or HR department—in writing, if possible.
- Request a written response acknowledging your complaint.
- Keep copies of all communications related to the complaint.
If your employer fails to take action or retaliates against you, you have legal options to escalate your complaint.
Step 3: File a Complaint with a Government Agency
If internal reporting does not stop the harassment, you can file a complaint with a state or federal agency.
Where to File a Complaint
- California Civil Rights Department (CRD) – Handles workplace discrimination and harassment cases under state law.
- Equal Employment Opportunity Commission (EEOC) – Investigates federal workplace harassment claims.
Both agencies can conduct investigations and take legal action against employers if necessary.
Deadlines for Filing
- CRD complaints must typically be filed within three years of the harassment.
- EEOC complaints must be filed within 180 days, though this may extend to 300 days under some circumstances.
If you are unsure where to file, an employment attorney can help you determine the best course of action.
Step 4: Protect Yourself from Retaliation
Employees who report workplace harassment are legally protected from retaliation. Retaliation may include:
- Termination or demotion after filing a complaint.
- Reduced hours or pay as punishment.
- Exclusion from meetings, projects, or training opportunities.
- Negative performance reviews or unwarranted disciplinary actions.
If you experience retaliation, document every instance and seek legal help immediately.
Step 5: Consult an Employment Attorney
If your employer ignores your complaint, the harassment continues, or you face retaliation, speaking with an employment attorney can help you:
- Understand your rights and legal protections.
- File a strong complaint with the appropriate agency.
- Pursue compensation for emotional distress, lost wages, or punitive damages.
- Take legal action against your employer if necessary.
An attorney ensures that you receive fair treatment and helps hold employers accountable for harassment.
You Have the Right to a Harassment-Free Workplace
No one should have to tolerate harassment at work. If you are facing unwanted behavior, discrimination, or retaliation, taking immediate action is essential. By documenting the harassment, reporting it, and seeking legal help if needed, you can protect your rights and ensure a safer work environment.
At PLBH, we help employees fight workplace harassment and hold employers accountable. If you need assistance, call PLBH at (800) 435-7542 today for a consultation.