Sexual harassment is a serious issue in workplaces across California, impacting employees of all industries and levels. It can create an unsafe and uncomfortable environment, affecting both mental and physical well-being. In California, employees are protected by strict laws that aim to prevent sexual harassment and ensure that victims have the ability to seek justice. Understanding these legal protections and the available remedies can empower employees to take action and stand up against workplace harassment. This topic is essential for creating safe and supportive work environments, and it’s important to explore the steps that employees can take when they face harassment at work. At, The Myers Law Group, APC , we are here to guide you through the legal process and help you navigate the complexities of your case.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
What is Sexual Harassment in the Workplace?
Sexual harassment in the workplace refers to any unwelcome behavior of a sexual nature that makes an employee feel uncomfortable, threatened, or discriminated against. This can take many forms, ranging from inappropriate comments and jokes to unwanted physical advances. Sometimes, it can even include quid pro quo harassment, where an employee is promised job benefits in exchange for sexual favors or threatened with punishment if they refuse. Another form of sexual harassment is creating a hostile work environment, where the behavior is so severe and widespread that it interferes with the employee’s ability to do their job effectively. Whether it’s a one-time incident or a pattern of behavior, sexual harassment is illegal and no employee should have to endure it.
Legal Protections Against Sexual Harassment in California
California has some of the strongest laws in the nation when it comes to protecting employees from sexual harassment. These protections are outlined in both state and federal laws, which cover all employees, regardless of their job position or the size of the company they work for. The Fair Employment and Housing Act, or FEHA, is one of the primary laws in California that addresses sexual harassment. It requires employers to take reasonable steps to prevent harassment and discrimination from occurring in the workplace. This includes creating and enforcing policies, providing training to employees, and ensuring that any complaints are taken seriously and investigated promptly. FEHA also prohibits retaliation against employees who report harassment or participate in an investigation.
Another important law is Title VII of the Civil Rights Act of 1964, which is a federal law that protects employees across the United States from discrimination, including sexual harassment, in the workplace. Under Title VII, employees who experience sexual harassment have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) and pursue legal action if necessary.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
- Koa G.
I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
Employer Responsibilities to Prevent Sexual Harassment
In California, employers have a duty to create a safe and harassment-free workplace. This responsibility starts with implementing clear anti-harassment policies that outline what behavior is unacceptable and what steps employees can take if they experience harassment. Employers must also ensure that all employees are aware of these policies and understand how to report any incidents of harassment. In addition to policies, employers are required to provide sexual harassment prevention training to all employees. For companies with five or more employees, this training must be provided at least once every two years. The training should cover topics like recognizing harassment, understanding the laws that protect employees, and learning how to report harassment.
When an employee reports harassment, employers are legally obligated to investigate the claim. This investigation should be thorough and impartial, and employers must take appropriate steps to address the situation if harassment is found. Failure to investigate or take action can lead to legal consequences for the employer.
How to Report Sexual Harassment in the Workplace
If you are experiencing sexual harassment in your workplace, it is important to know your rights and take action to protect yourself. The first step is to report the harassment to your employer. This can be done through the process outlined in your company’s anti-harassment policy. In many cases, employees are encouraged to report harassment to their supervisor or to the human resources department. It can also be helpful to document the harassment by keeping a record of incidents, including the dates, times, and details of what happened.
If your employer fails to address the harassment, or if you feel uncomfortable reporting it to your employer, you can file a complaint with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Both of these agencies are responsible for investigating complaints of sexual harassment and can take legal action if necessary.
What Remedies Are Available to Victims of Sexual Harassment?
Victims of sexual harassment in California have several legal remedies available to them. One of the primary remedies is filing a lawsuit against the harasser and, in some cases, the employer. If the case is successful, the victim may be awarded compensation for any damages they have suffered as a result of the harassment. This can include lost wages if the harassment caused the victim to miss work or leave their job, as well as compensation for emotional distress and other non-economic damages. In some cases, victims may also be awarded punitive damages, which are intended to punish the harasser and deter similar behavior in the future.
In addition to financial compensation, victims of sexual harassment may also be entitled to other remedies, such as reinstatement if they were wrongfully terminated or transferred because of the harassment. Courts may also require the employer to implement new policies or provide additional training to prevent future harassment.
Retaliation Protection for Employees
It is important to note that California law also protects employees from retaliation if they report sexual harassment. Retaliation can take many forms, including termination, demotion, reduced hours, or other negative actions that affect the employee’s job. If an employee experiences retaliation after reporting harassment, they have the right to file a claim against their employer. Retaliation is illegal, and employers who engage in this behavior can face serious legal consequences.
Employees who believe they have been retaliated against should document the retaliation and report it to the appropriate authorities. Filing a retaliation claim can help protect the employee’s rights and ensure that they are not punished for standing up against harassment.
Time Limits for Filing a Sexual Harassment Claim
Victims of sexual harassment must be aware of the time limits for filing a claim. In California, employees have a limited window to take legal action. Under the Fair Employment and Housing Act, victims have one year from the date of the harassment to file a complaint with the Department of Fair Employment and Housing. Once the DFEH has issued a right-to-sue notice, victims have an additional one year to file a lawsuit in court.
For claims filed with the Equal Employment Opportunity Commission, the time limit is typically 300 days from the date of the harassment. However, it is always best to file a complaint as soon as possible to ensure that you do not miss any important deadlines. If you are unsure about the time limits for your claim, you can speak to an attorney who can help guide you through the process.
Why Legal Representation is Important
Navigating the legal process for a sexual harassment claim can be complicated, especially when dealing with large companies or employers who may try to protect themselves from liability. Having legal representation is important because an attorney can help you understand your rights, gather evidence, and ensure that your case is presented in the best possible way. An attorney can also negotiate with your employer on your behalf and represent you in court if your case goes to trial.
Legal representation is especially crucial if you are facing retaliation or if your employer has failed to take your complaint seriously. An experienced attorney can help you hold your employer accountable and ensure that you receive the compensation and justice you deserve.
Sexual harassment in the workplace is a violation of your rights, and no employee should have to endure such treatment. In California, strong legal protections exist to prevent harassment and provide victims with the ability to seek justice. If you have experienced sexual harassment at work, it is important to understand the steps you can take to protect yourself and the remedies that are available to you. Taking action can help you put an end to the harassment and ensure that others are not subjected to the same treatment.
At The Myers Law Group, APC, we are dedicated to helping employees who have been victims of sexual harassment. Our experienced team understands the laws that protect you and will work tirelessly to ensure that your rights are upheld. If you or someone you know has faced sexual harassment in the workplace, reach out to us today for a consultation. Together, we can fight for justice and help create a safer work environment for all employees.