When you take a job, you expect a workplace free from sexual harassment, but that is not always the case. A new job can quickly become frustrating, leading to stress, sleepless nights, and, in severe cases, criminal behavior from the harasser. Luckily, California has strict laws to fight sexual harassment in the workplace.
If you are experiencing this behavior in San Diego, you have specific legal rights. There are several ways to address harassment, including filing a claim under federal and state laws. Your protections may help you receive full compensation for any financial or emotional damage caused by workplace harassment, but knowing your rights is essential.
We at the Empower Sexual Harassment Attorneys actively help employees in San Diego protect their rights after experiencing sexual harassment. You should reach out to our attorneys to arrange a free case evaluation.
Understanding Sexual Harassment Under Law
The U.S. Equal Employment Opportunity Commission defines sexual harassment as any negative behavior based on sex. These actions include unwanted sexual advances, requests for sexual favors, and other verbal or physical actions of a sexual nature. Harassment can also involve offensive comments about someone’s sex.
Through Title VII of the Civil Rights Act of 1964, federal law forbids sexual harassment, while California’s Fair Employment and Housing Act (FEHA) performs a similar role at the state level. FEHA defines sexual harassment as harassment based on:
- Sex.
- Sexual nature.
- Gender.
- Related medical conditions like pregnancy and childbirth.
These laws view sexual harassment as a type of employment/workplace discrimination. Under California and Federal laws regarding sexual harassment, the following actions at a workplace are considered harassment:
- Offensive slurs, jokes, or comments.
- Offering rewards for a sexual favor.
- Unwelcome sexual advances.
- Sharing or displaying sexually suggestive images or items.
- Negative consequences after reporting harassment, like losing benefits or a job.
- Blocking someone’s movement.
- Talking about sexual activities.
- Unwanted touching.
- Threatening job security if sexual requests are not met.
- Sending sexually explicit messages or degrading remarks.
- Inappropriate gestures and staring.
Some behaviors may not be harassment if the other person accepts them. For example, if one team member asks another out and they agree, it is not harassment. However, what is acceptable can change over time. Although Title VII applies to an employer with 15 or more workers, California’s laws cover all employers, irrespective of size. These laws also extend to other forms of workplace bullying in California.
Two main types categorize sexual harassment:
- Hostile work environment.
- Quid pro quo.
Some actions may fit into both sections.
Quid Pro Quo Harassment
This kind of harassment comes from the Latin phrase “this for that.” It occurs when supervisors or individuals in higher positions change their work conditions in exchange for sexual favors. This harassment can involve agreeing to sexual advances or accepting to provide sexual favors. The offers in a quid pro quo harassment case can be beneficial or harmful.
For example, a supervisor might promise a team member a raise for agreeing to sexual advances or threaten them with job loss for refusing. This form of harassment could also occur when hiring someone in return for sexual favors.
California’s harassment laws consider it quid pro quo whether the act is explicit or implied. To classify this as quid pro quo, the harasser should be able to act on their promises or threats. If they lack authority, their behavior may still create hostile work environments and qualify as sexual harassment.
Hostile Work Environment Harassment
Other forms of harassment that do not fit into quid pro quo usually fall under a hostile work environment in California’s sexual harassment laws. This type of harassment occurs when actions significantly affect your job or create a threatening atmosphere. Determining if a situation qualifies for this type of harassment depends on how serious and widespread the actions are. For example, if someone restricts your movement or demands sexual favors, it may be serious enough to have a hostile work environment.
Employees who ask coworkers out once are unlikely to create hostile work environments. However, repeatedly pursuing a coworker after multiple rejections could qualify as harassment.
In California, the legal definition of a hostile work environment has two main parts:
- The objective part: A reasonable individual in the same situation would also see the environment as abusive, offensive, or hostile.
- The subjective part: The harassed individual feels emotional distress that affects their job performance or well-being.
Courts can also examine how severe the actions were, how often they happened, and the overall context according to harassment laws.
Hostile Work Environments Can Affect More People
While harassment directly affects the targeted person, it can also impact others. For example, if an employee frequently makes inappropriate jokes, anyone who listens to them could feel harassed, even if they are not the direct target. Similarly, California sexual harassment laws may consider witnesses to unwanted physical contact as victims.
Quid Pro Quo Can Contribute to Hostile Work Environments
Quid pro quo can also lead to hostile work environments. Employees can feel anxious about becoming targets of a supervisor’s behavior. Additionally, other employees might experience hostile work environments due to favoritism based on sexual relationships at work.
Anyone can potentially face sexual harassment at work. While it is natural to think of supervisors or bosses, they are not the only individuals who can harass. Harassment can occur from:
- Company owners.
- Independent contractors.
- Clients.
- Supervisors and bosses.
- Customers.
- Coworkers.
- Vendors.
Although all these individuals can perpetrate sexual harassment, some can engage in quid pro quo harassment, as this requires the harasser to have the power to affect the victim’s job. The typical image of a male manager harassing a female staff member is one possibility. Individuals of all sexual orientations and genders can engage in harassment. California laws also cover situations where derogatory jokes or comments about someone’s sexuality create hostile work environments.
Liability in California Sexual Harassment Cases
Under California law, the individual who harasses someone is always liable, but in some cases, the authorities can hold the employer responsible.
Employer Liability
Employers may be held accountable for a sexual harassment crime in several ways. If a supervisor or employer commits the harassment, they are “strictly liable.” It means the employer is responsible for the harassment, even if they were unaware of the supervisor’s actions.
Authorities can also hold employers responsible, even if they have taken steps to fix the problem. According to the California Code of Regulations, the employer has to educate their employees about proper behavior at work. This law also mandates that companies maintain a clear policy on sexual harassment and ensure employees know how to report incidents. However, these are not the only scenarios where the authorities can hold an employer accountable for sexual harassment at work.
Employer Liability for Third Parties and Coworkers
If a third party or coworker harasses other employees, the employer may be liable under the sexual harassment law if two conditions are met:
- The employer was aware or should have been aware of the harassment.
- The employer did not take appropriate action to address it.
If both conditions are satisfied, the court may find the employer negligent. However, if the employer knew about any harassment and took action to resolve it, the court will not hold them accountable. Even if an employer is not liable under California’s harassment laws, the harassed individual can still take action against those responsible.
Corrective Actions for Coworkers or Third Parties
When it comes to employees who engage in sexual harassment, the employer can take direct corrective measures. However, dealing with third parties who are not company employees may require different approaches to establish corrective action.
California’s sexual harassment law states that corrective actions against third parties can include:
- Banning abusive customers from the company’s property.
- Reassigning the affected employee away from projects involving a known harasser.
- Terminating business ties with clients who engage in harassment.
- Relocating harassed individuals to areas where they will not interact with the harasser, like a delivery person.
Initially, California’s Fair Employment and Housing Act focused on preventing sexual harassment by third parties. However, lawmakers updated it in 2018 to cover all forms of workplace sexual harassment by any non-employee.
Who Can File a Sexual Harassment Claim?
While workplace harassment often involves company employees, others can also file sexual harassment claims under California law. It includes anyone who has experienced sexual harassment in any work environment. Groups that can file lawsuits under California law include:
- Volunteers.
- Job applicants.
- Unpaid interns.
- Contractors providing services to companies.
Sexual harassment can even happen during the hiring process. For example, an interviewer can seek sexual or romantic favors from job applicants in exchange for a job offer. California’s sexual harassment law considers this behavior to be misconduct, even if the applicant is not employed.
Statute of Limitations on Sexual Harassment
The statute of limitations sets the time limit for filing a lawsuit or complaint after an incident. As of January 2020, California’s AB-9 Bill has extended the timeframe for filing sexual harassment complaints.
California sexual harassment law states that the time limit to report harassment is 3 years from the last incident. During this period, the affected team member must submit their complaint to the California Department Of Fair Employment And Housing (DFEH). The Equal Employment Opportunity Commission (EEOC) has a shorter deadline of 180 days for filing a complaint after the last harassment incident.
If an employee files with the Department Of Fair Employment And Housing and the EEOC, the Equal Employment Opportunity Commission extends the filing period to three hundred days. After the California Department Of Fair Employment And Housing, or the EEOC, finishes its investigation and issues a right-to-sue letter, the employee has one year to submit a lawsuit for sexual harassment. These updated time limits can also apply to other employment discrimination claims under FEHA.
The law states that AB-9 cannot revive expired claims for incidents before its enactment. Therefore, you should treat incidents before January 2020 as having a one-year limit for filing complaints with the DFEH.
Recoverable Damages in Sexual Harassment Lawsuits
When you file a civil lawsuit against your employer for sexual harassment, you can seek damages, which means financial compensation for your losses. These damages may include:
- Emotional distress.
- Back pay, which can cover vacation and sick leave, bonuses, stock options, and health insurance value.
- Attorney fees and related costs.
- Reinstatement.
- Any lost promotions.
- Expert witness fees.
- Changes to company policies.
Most employees who experience sexual harassment do not seek reinstatement. However, public employees may pursue it to retain their earned pensions and benefits.
According to California harassment law, sexually harassed individuals may be eligible for a portion or all of the damages incurred, depending on their specific situation. A sexual harassment attorney can assist you in determining which damages you may be eligible for.
Courts can also grant costs for attorney fees, court expenses, punitive damages, and expert witness costs to the winning side in any lawsuit. According to California Senate Bill (SB) 1300, employers can recover such damages if the claims are frivolous.
Requirements of the Fair Employment and Housing Act for Employers
The California Fair Employment and Housing Act (FEHA) protects individuals from sexual harassment. It also guards against discrimination based on religion, gender identity, race, national origin, and more. California’s sexual harassment laws address sexual harassment. This act can occur alongside other discrimination, especially at work.
According to FEHA, employers must prevent discriminatory behavior and harassment at work and quickly address them. Employers must inform their employees about harassment. They must also have a policy that outlines all protected groups under California’s harassment laws.
The policy should include:
- A clear statement that sexual harassment is not allowed for supervisors, employees, managers, and third parties.
- Details on how an employer will address complaints.
- An assurance that employers will keep information as confidential as possible.
- Details on how the employers will communicate with the person making the complaint.
- A commitment to have an experienced individual investigate the complaint.
- A process for documenting the investigation.
- A promise to take suitable actions and resolve the issue promptly.
- Instructions on how employees can report incidents to someone other than their supervisor.
- A requirement for supervisors to report any sexual harassment complaint to a specific representative.
- A guarantee that employees will not face retaliation for reporting complaints or taking part in an investigation related to harassment.
Employers must follow specific requirements under FEHA:
- Make sure all employees obtain the policy.
- Provide a policy translation if at least ten percent of the workforce speaks a language other than English.
- Train supervisory employees on sexual harassment within 6 months of starting their roles and then every 2 years if the company has more than 50 employees.
If employers fail to provide proper training on harassment and California laws, the court can hold them responsible. It may lead to workplace sexual harassment incidents and potential lawsuits.
What to Do If You Face Sexual Harassment at Work
Dealing with sexual harassment at work can be challenging, and knowing what to do next can be confusing. Remember, you have legal rights, and California and Federal laws require employers to handle harassment complaints quickly and properly.
Check Your Employer’s Policy on Sexual Harassment
By law, an employer should have sexual harassment policies that are accessible to all employees. If you do not know how to report harassment, this policy should outline the steps.
Document and Report All the Incidents
Once you understand how to report sexual harassment, follow the outlined steps carefully. These steps may involve completing a form, emailing HR, or using other methods. Retain a copy of the reports for your records, no matter the process. When you send a report via email, ask for a delivery receipt and read it to confirm when the recipient has received it. It can be crucial in sexual harassment lawsuits. Your reports should include:
- Who harassed you.
- How severe the harassment was.
- Names of any witnesses.
- When it happened and if it continued.
- When you informed them.
- Names of individuals you informed about the sexual harassment.
Even if you think your employer might not act, reporting the incident is still essential. It can support your lawsuit under the sexual harassment law. If your employer’s policy says to report to your supervisor, but they harass you, check the workplace policies for an alternative reporting option. If an employer fails to act appropriately, you can report to the EEOC or the DFEH.
Report Incidents Affecting Others
If you witness sexual harassment that does not involve you, you can still file complaints. Such incidents can create hostile work environments, affecting many people, not the direct victim. You can report these situations under California’s sexual harassment laws.
Do Not Be Afraid of Retaliation
California’s harassment law does not allow any tolerance for such behavior. If you face harassment, especially from a boss or supervisor, you might worry that reporting it could harm your job, pay, or benefits. However, it is illegal for anyone to retaliate against someone who files a sexual harassment complaint.
Talk to a Knowledgeable Sexual Harassment Attorney
Sexual harassment can happen in many forms at work, making it hard to know what to do next. A knowledgeable sexual harassment attorney can help you navigate the complicated federal and state laws and offer advice tailored to your situation. They can also inform you about the time limits for filing a harassment complaint in California, ensuring you act promptly.
Collect Evidence
Experiencing sexual harassment can be very stressful. If you have received harassing messages through text, email, or notes, do not erase them. These texts can be substantial evidence for your complaint or a potential case. While you might think about recording conversations as evidence, remember that California law requires consent for recording private discussions.
Be Careful When Talking About Your Case on Social Media Handles
Social media is a big part of our daily lives, and many of us naturally share our experiences online. However, avoid discussing the events on your social media accounts if you decide to pursue a lawsuit. Sharing updates about the case could hurt your situation under California harassment laws.
Posting details online might allow the harasser to question your credibility, undermine your story, or argue for lower damages. Additionally, sharing information could break any confidentiality and legal protections your lawsuit might have. To be safe, you should avoid discussing legal matters on social media.
Keep in Mind That the Perpetrator May Have Harassed Others
Sometimes, you might only face a single harassing situation or comment, which may not seem very serious. However, you should document these incidents, as they could happen again or escalate. A harasser might target several individuals. Your experience could be one of many. Reporting the incident can help management to monitor that person’s actions. Keeping a record can support your report even if you do not seem threatened.
Do Not Undermine Your Case by Believing You Are Too Sensitive
When someone expresses discomfort about a sexual action or joke, common responses could be, “You are too sensitive” or “It was a joke.” These remarks can create self-doubt. However, in cases of sexual harassment, even if the offender meant it as a joke, it could still fall under California’s harassment law. You do not need lawsuits for your complaints to be valid. Even if investigations find no legal harassment, reporting it is wise, as you cannot face retaliation.
Contact a Sexual Harassment Lawyer Near Me
Workplace sexual harassment can drastically affect a victim’s life, leading to both physical and emotional distress. Many victims suffer from PTSD symptoms like flashbacks and panic attacks. If you are a victim of workplace sexual harassment, holding those responsible accountable can help you achieve justice and closure. You can do this without fearing retaliation from your employer.
If your employer terminates you for filing a complaint, you could pursue two lawsuits: one for sexual harassment and another for retaliation. We at the Empower Sexual Harassment Attorneys can help ease the stress of navigating state and federal laws. Our attorneys will offer advice tailored to your situation. Call our San Diego law office at 619-800-7245 today for a consultation.
