Sexual harassment in the workplace is a serious issue that affects numerous employees across various industries. Understanding your legal rights and the protections available to you is crucial in creating a safe work environment.
This guide outlines the key aspects of the laws against workplace sexual harassment and how employees can protect themselves and seek recourse. Contact PLBH at (800) 435-7542 for a legal consultation with an attorney.
Understanding Sexual Harassment
Sexual harassment in the workplace can manifest in many forms, ranging from unwelcome sexual advances and requests for sexual favors to other verbal or physical harassment of a sexual nature. It can also include offensive remarks about a person’s sex. There are two types of sexual harassment recognized under the law:
- Quid Pro Quo Harassment: This occurs when a job benefit, such as a promotion or raise, is conditioned on the employee submitting to sexual advances or other conduct.
- Hostile Work Environment: This form of harassment occurs when the conduct creates an intimidating, hostile, or offensive working environment or interferes with the employee’s work performance.
Legal Framework Protecting Employees
Federal Laws
- Title VII of the Civil Rights Act of 1964: This is the primary federal law that prohibits sexual harassment, applying to employers with 15 or more employees, including federal, state, and local governments as well as private and public colleges and universities.
State Laws
- California’s Fair Employment and Housing Act (FEHA): Provides broader protections compared to federal law, applying to employers with five or more employees, and includes contractors and volunteers in certain circumstances.
Key Provisions
- Prevention Requirements: Employers are required to take reasonable steps to prevent sexual harassment and discrimination in the workplace.
- Mandatory Training: California law requires that companies with 50 or more employees provide at least two hours of sexual harassment training to all supervisory employees within six months of their hire, and once every two years thereafter.
Steps to Take if You Experience Sexual Harassment
Document the Harassment
- Keep Records: Write down details of every incident, including dates, times, locations, what was said or done, and potential witnesses.
- Save Evidence: Keep copies of any relevant emails, texts, pictures, and notes related to the harassment.
Report the Harassment
- Internal Complaints: Follow your employer’s procedures for reporting harassment if available. This is typically through your human resources department.
- External Complaints: If internal reporting does not resolve the issue, or if you face retaliation, you can file a complaint with state or federal agencies. In California, the Department of Fair Employment and Housing (DFEH) handles such complaints. Federally, the Equal Employment Opportunity Commission (EEOC) is responsible.
Seeking Legal Recourse
Filing a Lawsuit
- Statute of Limitations: Be aware that there are time limits within which you need to file a complaint. In California, you must file with DFEH within three years of the alleged harassment.
- Potential Remedies: Compensation for damages such as emotional distress, lost wages, and even punitive damages might be available.
Importance of Legal Representation
- Consult an Attorney: An experienced employment law attorney can provide advice tailored to your situation, help you navigate the legal system, and represent you in negotiations or court if necessary.
How PLBH Can Assist
At PLBH, our team is dedicated to protecting the rights of employees and fostering a harassment-free workplace. If you believe you have been a victim of sexual harassment, contact us at (800) 435-7542 for a confidential consultation. Our knowledgeable attorneys will guide you through the process of securing the justice and compensation you deserve.