Sexual harassment in the workplace is a serious issue. It can undermine the safety, dignity, and productivity of an accountant. Sexual harassment can come from inappropriate comments, unwanted advances, or subtle power plays. Harassment not only damages mental well-being but can also derail careers and tarnish organizational reputations.

California and federal laws prohibit sexual harassment. Companies and employers must foster a culture of zero tolerance for harassment. Employers in California must have strict anti-harassment policies. Additionally, they must ensure all employees are trained to recognize harassment and learn the right channels to report it.

If you are experiencing or witnessing harassment, do not remain silent. You should document the behavior and report it to your employer or the Department of Fair Employment. You can receive the right to sue, which allows you to file a civil lawsuit against your employer. At Empower Sexual Harassment Attorney, we offer expert legal insight for our clients battling sexual harassment lawsuits in San Diego, CA.

Types of Sexual Harassment at Accounting Firms in California

Sexual harassment in the workplace is illegal in California. It can happen in any profession, including accounting. There are two main types of sexual harassment that you could face in an accounting firm. They include:

Quid Pro Quo Harassment

Quid pro quo sexual harassment refers to a situation where someone in power tries to exchange job benefits for sexual favors. This type of harassment usually comes from someone who somehow controls your job. It could be your supervisor, a senior partner, or even a client with influence.

They might try to use their position to pressure you into doing something sexual to obtain or keep something related to your job. Common forms of quid pro quo sexual harassment include:

  • A manager offers you a raise or promotion if you go out with them.
  • A partner threatens to give you a bad performance review unless you agree to flirt or act sexually.
  • A client implies that they will only continue working with your firm if you behave in a way that makes you uncomfortable.

Quid pro quo sexual harassment is often serious. Even one incident is enough to violate the law. It does not have to happen more than once to violate California law. It involves clear abuse of power, which can deeply affect your job security and career path. Quid pro quo harassment can influence decisions about hiring, promotions, bonuses, and job assignments.

Hostile Work Environment

The second type of harassment is called a hostile work environment. It happens when someone’s unwanted sexual behavior makes the workplace feel offensive, intimidating, or abusive. It does not always come from someone in authority. Perpetrators of this type of sexual harassment could include co-workers and clients.

A hostile work environment involves ongoing behavior. It can include words, actions, messages, or even images. The key issue is that the behavior is unwelcome and makes it hard for someone to do their job comfortably. Common examples of a hostile work environment include:

  • Telling sexual or crude jokes repeatedly.
  • Making frequent comments about someone’s body or appearance.
  • Sharing or displaying sexual images or videos in the office.
  • Making lewd gestures or noises around others.
  • Sending unwanted, suggestive emails or texts.
  • Touching someone without their permission.

A hostile work environment can create stress, reduce productivity, and make people feel unsafe. The behavior must happen often enough to make the work environment feel hostile. If it interferes with your ability to do your job, you can report it as sexual harassment.

Impact of Sexual Harassment on Accountants in California

Sexual harassment in the workplace has serious effects on victims. Accountants who experience harassment face many personal and professional challenges. They include:

Mental and Emotional Distress

A significant impact of sexual harassment is emotional pain. Victims often feel stressed, anxious, and scared. They may suffer from depression and lose self-confidence. The emotional distress affects their mood and behavior. Constant worry about harassment can cause sleep problems and feelings of helplessness. Over time, these feelings can lead to emotional exhaustion and burnout. This stress makes everyday tasks harder for an accountant, who needs to stay calm and focused.

Reduced Work Performance

Sexual harassment negatively affects how well victims perform at work. Accountants need strong concentration to handle complex data and meet deadlines. When a victim is distracted by fear or discomfort, they may lose focus. Work quality can drop, and productivity slows. Victims may feel embarrassed or frustrated about their performance. Reduced work performance lowers motivation and makes it difficult to maintain professional standards.

Increased Absenteeism

Many victims of workplace sexual harassment try to avoid the harasser by staying away from the workplace. They may call in sick more frequently or take more leave days. The absenteeism is a way to escape a hostile environment. However, missing work often affects how others see the victim’s dedication. It can also cause victims to fall behind in their tasks and feel even more pressure when they return. Over time, this can create a cycle of avoidance and stress that is hard to break.

Damage to Self-Esteem and Career Progression

Sexual harassment can damage a victim’s self-esteem. Victims may start doubting their abilities and worth. They might avoid speaking up in meetings or hesitate to take on leadership roles. The lack of confidence can slow down their career growth.

Isolation and Strained Relationships

Victims often feel isolated from others. They may withdraw from colleagues, friends, and family because they feel ashamed or fear judgment. The isolation worsens feelings of loneliness and sadness. At work, victims may find it hard to trust coworkers or supervisors. They may avoid social gatherings or teamwork to protect themselves.

Workplace Sexual Harassment Laws

Sexual harassment at work is illegal. Both federal and California law protect workers from different forms of harassment. Common laws that prohibit sexual harassment include:

Title VII of the Civil Rights Act of 1964

This is the main federal law against sexual harassment. It applies to employers with 15 or more employees. Title VII bans harassment based on sex, gender identity, or sexual orientation. Title VII addresses quid pro quo sexual harassment and a hostile working environment. Employers must take steps to prevent and stop harassment. It includes handling complaints and training supervisors. Additionally, it requires employers to have proper measures to address sexual harassment reports.

Equal Employment Opportunity Commission (EEOC)

The EEOC enforces Title VII. It handles complaints of sexual harassment. Workers must file a charge within 180 or 300 days. The EEOC can:

  • Investigate the complaint.
  • Mediate between the worker and the employer

The EEOC also offers guidelines and training for employers.

Fair Employment and Housing Act (FEHA)

FEHA is California’s main law on workplace discrimination and harassment. It applies to employers with five or more employees. FEHA bans sexual harassment and retaliation against people who report it. Under FEHA:

  • File a lawsuit or give you a right-to-sue letter
  • Harassment is illegal from a boss, coworker, or client.
  • Employees are protected even if they are not fired or demoted.
  • Employers must take steps to prevent harassment.

FEHA also requires training for supervisors every 2 years and for all employees, at least once every 2 years if the employer has five or more workers.

California Civil Rights Department (CRD)

The California Civil Rights Department (CRD) enforces FEHA. Under CRD, employees must file a complaint with the CRD within three years of the harassment. The CRD can:

  • Investigate claims
  • Try to settle disputes.
  • Allow the employee to file a lawsuit in court.

CRD also gives guidance and training tools to employers and workers.

Role of Employers in Preventing and Addressing Sexual Harassment in California

In California, employers have a legal and ethical duty to prevent and respond to sexual harassment in the workplace. The law requires specific actions from employers to protect workers. The responsibilities of employers include:

Creating a Clear Anti-Harassment Policy

Employers must develop a clear and written policy against sexual harassment. The policy should define harassment and give examples. It must also explain how to report harassment and describe the steps the employer will take after a report. The policy must include multiple ways for employees to file complaints.

Additionally, it should explain that retaliation is illegal and not tolerable. The Fair Employment and Housing Act (FEHA) sets this requirement in California. Employers must give the policy to all employees. An employer with bilingual employees must provide the police in different languages.

Providing Regular Training

California law requires employers with five or more employees to provide sexual harassment prevention training. Supervisors must receive at least two hours of training every two years. Non-supervisory employees must receive at least one hour every two years.

Training should include examples of unlawful harassment. It should explain how to report misconduct and what protections are in place. Employers must ensure new hires receive training within six months. Training helps employees recognize harassment and understand their rights and responsibilities.

Responding Quickly and Fairly to Complaints

When someone reports harassment, employers must act fast. They must begin an investigation immediately and keep it as confidential as possible. The inquiry must remain fair, thorough, and unbiased. Employers should interview everyone involved and review any evidence.

They must keep records of the investigation process. If they confirm harassment occurred, they must take immediate action. If an employer finds no evidence of harassment, they should ensure the complainant feels safe. Acting quickly helps protect workers and limits legal risks for the employer.

Protecting Employees from Retaliation

Your employer at the accounting firm must protect you from sexual harassment. Additionally, they must protect employees who report harassment or participate in investigations. Retaliation can include firing, demotion, pay cuts, or any other negative change in work conditions.

Even subtle acts like isolation or unfair treatment can count as retaliation. Employers must make it clear that they will not tolerate this behavior. If retaliation happens, they must take steps to correct it. Protecting employees encourages them to speak up without fear.

Taking Corrective Action

If an investigation finds that harassment occurred, the employer must take action. The punishment should match the seriousness of the behavior. Punishment for sexual harassment at the workplace might include a warning, suspension, or termination. The employer must also support the victims of sexual harassment.

Forms of protection could include a transfer, schedule change, or other adjustment to protect them. Corrective action shows that the employer takes complaints seriously. Failure to act can lead to lawsuits and damage to workplace morale.

Building a Respectful Work Culture

Prevention of sexual harassment starts with a positive workplace culture. Employers must lead by example. Managers and supervisors should model respectful behavior. They should speak up if they see something wrong. Employers can promote open communication by encouraging workers to voice concerns.

Diversity training and regular discussions about respectful conduct can help sustain the culture. When respect is a core value, harassment is less likely to occur. A strong workplace culture helps prevent problems before they start.

Filing a Sexual Harassment Lawsuit as an Accountant in California

Sexual harassment in the workplace is illegal under both federal and California law. If you are an accountant in California who has experienced sexual harassment, you can file a lawsuit against your employer or the perpetrator of the abuse. The following are the steps you can follow when filing your lawsuit:

Recognize the Harassment

Sexual harassment can be physical, verbal, or visual, depending on the circumstances. It includes unwanted touching, inappropriate comments, offensive jokes, suggestive emails, or repeated advances. It can come from a coworker, supervisor, client, or even someone in another department. The first step in filing your lawsuit is recognizing the type of abuse you suffered. They include:

  • Quid pro quo. It occurs when job benefits are tied to sexual favors.
  • Hostile work environment. It happens when another person’s actions make the work environment intimidating or abusive.

Document Everything

After recognizing the abuse, you must document all the incidents of abusive behavior. You should note down:

  • The specific incident
  • Dates and times when the harassment occurred
  • Names and contacts of the involved parties
  • Details of witnesses

If the harassment occurred through messages or emails, you should make copies.

Report Internally

Before filing a lawsuit, California law requires that you report the harassment to your employer. You should check your company’s employee handbook or HR policy. You can report sexual harassment to:

  • Your supervisor
  • Human Resources Department (HR)
  • A designated manager

If the harasser is your supervisor, you can report to HR directly. You should write your report and keep a copy.

Give the Employer a Chance to Respond

When you report sexual harassment at your accounting firm, your employer is legally obligated to investigate the complaint. They should:

  • Interview you and the accused
  • Talk to witnesses.
  • Review evidence
  • Take steps to stop the harassment if it’s confirmed.

They may take corrective action, including discipline, training, or even firing the harasser. Sometimes the company responds appropriately. However, you can formally complain if they fail to comply and offer the necessary remedy.

File a Complaint with the DFEH (Now CRD)

Before filing a lawsuit in court, you must file a complaint with the California Civil Rights Department (CRD). You can file the complaint online, by mail, or by phone.

You must file within three years of the last harassment incident. In your complaint, you should explain:

  • Who harassed you?
  • What happened?
  • When it occurred
  • How the company responded

The CRD will notify your employer and may offer mediation. At the mediation, you can come up with an agreement with your employer on the right remedy.

Request a Right-to-Sue Notice

If you want to move quickly to a lawsuit, you can request an immediate Right-to-Sue Notice. Once you receive it, you can file your lawsuit in court. Alternatively, the CRD can investigate your claim. An investigation takes longer but may result in a resolution without going to court. If the CRD investigates, they will decide whether to take legal action on your behalf.

Hire an Attorney

After obtaining your Right-to-Sue Notice, you will need a reliable lawyer’s guidance before proceeding with the lawsuit. Your attorney will:

  • Evaluate your case.
  • Handle paperwork
  • Represent you in negotiations or court
  • Protect your rights throughout the lawsuit filing process.

Many employment attorneys offer free consultations and work on a contingency fee basis. It means that you can pay them with the proceeds of your lawsuit. When seeking legal representation, you should choose an attorney with extensive experience handling sexual harassment cases in California.

File the Lawsuit

With your attorney’s help, you will file a lawsuit in California Superior Court or federal court. Your complaint will outline:

  • The facts of your case
  • How did the harassment affect you?
  • How the company failed to act
  • The laws that were violated

Discovery Phase

After filing the lawsuit, both sides will enter discovery. In the discovery phase, your attorney and the employer’s attorney exchange evidence. You may need to provide:

  • Your notes and records
  • Medical records
  • Witness contact info

The other side must also turn over relevant documents, such as emails, internal reports, or personnel files. The discovery phase for a sexual harassment lawsuit can take several months.

Settlement or Trial

Many sexual harassment cases settle before trial. The employer may offer money to avoid going to court. Your attorney will help you decide if a settlement offer is fair. If the case does not settle, it will go to trial before a judge or jury. Trials can last days or weeks. At trial, you can present evidence and cross-examine witnesses. If you win, the court may award:

  • Emotional distress damages. Sexual harassment can leave lasting emotional effects. Victims may suffer from anxiety, depression, or even PTSD. Courts often award damages for emotional distress to compensate for this pain. The amount depends on the severity of the trauma and how long it lasted.
  • Lost wages. If the harassment led to job loss, demotion, or missed promotions, the victim may be entitled to lost wages. The compensation will include back pay and sometimes front pay.
  • Medical expenses. Harassment can lead to physical and mental health issues. Compensation may cover the costs of therapy, medication, and other medical treatment. If long-term care is needed, you may recover additional compensation.
  • Punitive damages. Sometimes, the court may award punitive damages. These are meant to punish the employer or harasser for especially harmful behavior and to deter others from acting the same way. These awards are often larger when the employer ignored complaints or failed to act.
  • Legal fees and costs. Lawsuits are expensive. However, if you win, the court may order the employer to pay attorney fees and other legal expenses. Compensation for legal costs helps victims afford legal action and seek justice.

Each case is different, and the final compensation depends on many factors. They include the evidence you presented, the impact on the victim, and the employer’s actions. Speaking to an employment lawyer is a good first step for anyone considering a lawsuit. If you win or settle, your employer may agree to:

  • Pay compensation
  • Change workplace policies.
  • Provide training
  • Rehire you if you were terminated

If you lose, you can discuss appeals with your attorney.

Find a Reliable Sexual Harassment Lawyer Near Me

Sexual harassment is a pressing issue in the workplace in California, including accounting firms. Incidents of harassment involve inappropriate comments, unwelcome advances, or coercive behavior. Sexual harassment frequently occurs in hierarchical environments. Despite state laws aimed at prevention, many cases go unreported due to fear of retaliation.

The California Fair Employment and Housing Act provides legal recourse for victims of workplace sexual harassment. However, resolution often requires extensive documentation, leadership accountability, and fostering a safe workplace. As professionals working in environments that demand integrity and precision, accountants must feel secure to perform at their best.

If you are a victim of sexual harassment at an accounting firm, you can file a lawsuit against your employer. In a successful lawsuit, you can receive compensation for the losses associated with the harassment. Navigating a sexual harassment lawsuit can be complex. Therefore, you will need our expert legal guidance at Empower Sexual Harassment Attorneys. Contact us at 619-604-3027 from San Diego, CA, to discuss your case.