Harassment in the workplace is a pervasive issue that can significantly impact an employee’s well-being and productivity. Understanding how to recognize, report, and legally address harassment is crucial for maintaining a safe and respectful work environment.
This blog outlines the steps you can take if you experience harassment at work and the legal protections available in Southern California. Contact PLBH at (800) 435-7542 for a free legal consultation.
Recognizing Workplace Harassment
Types of Harassment
Workplace harassment can take various forms, including:
- Sexual Harassment: Unwanted advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
- Racial Harassment: Discriminatory remarks or actions based on race or ethnicity.
- Bullying: Repeated aggressive behavior intended to intimidate or humiliate an individual.
- Disability Harassment: Discriminatory behavior towards someone because of their physical or mental disability.
- Religious Harassment: Hostile behavior or comments directed at someone because of their religious beliefs.
Signs of Harassment
Harassment can be subtle or overt. Common signs include:
- Offensive Jokes or Comments: Persistent remarks that make you uncomfortable.
- Physical Intimidation: Inappropriate touching or physical threats.
- Exclusion: Being deliberately left out of meetings or activities.
- Retaliation: Punitive actions taken against you for reporting harassment or refusing advances.
- Hostile Work Environment: A workplace that feels threatening or abusive due to pervasive harassment.
Reporting Workplace Harassment
Internal Reporting Procedures
Most companies have procedures in place for reporting harassment. Follow these steps:
- Document the Harassment: Keep detailed records of the incidents, including dates, times, locations, and any witnesses.
- Report to Your Supervisor: If you feel safe doing so, report the harassment to your immediate supervisor.
- Contact HR: If your supervisor is involved or does not take action, report the harassment to your Human Resources department.
- Follow Company Policy: Adhere to your company’s specific reporting procedures, which are often outlined in the employee handbook.
External Reporting Options
If internal reporting does not resolve the issue, you may need to file a complaint with external agencies:
- Equal Employment Opportunity Commission (EEOC): File a charge of discrimination with the EEOC within 300 days of the incident.
- California Department of Fair Employment and Housing (DFEH): File a complaint with the DFEH within one year of the incident.
Legal Protections and Steps to Take
Understanding Your Rights
Several laws protect employees from workplace harassment:
- Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, or national origin.
- California Fair Employment and Housing Act (FEHA): Provides broader protections against discrimination and harassment in the workplace.
Seeking Legal Assistance
Consulting with an experienced employment lawyer is crucial to navigating the complexities of workplace harassment claims. A lawyer can:
- Evaluate Your Case: Assess the validity and strength of your claim.
- Guide You: Advise you on the appropriate steps and legal options.
- Represent You: Advocate on your behalf in negotiations or in court.
Filing a Lawsuit
If internal and external reporting does not resolve the issue, you may consider filing a lawsuit. Steps include:
- Gathering Evidence: Collect all documentation related to the harassment.
- Filing the Complaint: Your lawyer will help you file a formal complaint in court.
- Litigation: The legal process may involve discovery, mediation, and potentially a trial.
Compensation and Remedies
If your case is successful, you may be entitled to various forms of compensation, including:
- Back Pay: Compensation for lost wages.
- Front Pay: Compensation for future lost earnings.
- Emotional Distress: Damages for mental anguish and suffering.
- Punitive Damages: Additional compensation to punish the employer for egregious conduct.
- Legal Fees: Reimbursement for attorney’s fees and legal costs.
Preventing Harassment in the Workplace
Employer Responsibilities
Employers can take proactive steps to prevent harassment:
- Training: Conduct regular training sessions on harassment and discrimination.
- Clear Policies: Implement and enforce clear anti-harassment policies.
- Open Communication: Foster a culture of open communication and respect.
Employee Awareness
Employees should be aware of their rights and the signs of harassment. Staying informed and vigilant can help create a safer work environment.
Contact PLBH for Legal Assistance
If you believe you have been a victim of workplace harassment, it’s essential to seek legal help. At PLBH, our experienced employment lawyers are dedicated to fighting for your rights and ensuring you receive the justice you deserve.
Contact us today at (800) 435-7542 to schedule a consultation and discuss your case. Let us help you navigate the complexities of harassment laws and work towards a favorable outcome.