Although federal and state laws prohibit workplace sexual harassment, sexual misconduct occurs with alarming frequency across the U.S. If you believe that you are experiencing workplace sexual harassment, you may be entitled to pursue a sexual harassment claim against the offending party and/or your employer. Review the information below to learn more about the behaviors that are considered sexual harassment and the steps you can take to stop the abuse, then contact the Anaheim sexual harassment lawyers at the Law Offices of Corbett Williams to discuss your case.
What Is Considered Sexual Harassment?
Sexual harassment in the workplace refers to any unwelcome conduct of a sexual nature that occurs at work. The law recognizes two main categories of sexual harassment – quid pro quo and a hostile work environment. Employers engage in quid pro quo harassment when they make sexual activity a condition of employment, offer benefits for submitting to harassing conduct, or threaten a worker’s job if they refuse to cooperate. A hostile work environment is more difficult to define, but it generally refers to an environment that makes a victim uncomfortable and interferes with their ability to concentrate on their duties.
Sexual harassment encompasses three main types of behavior:
- Verbal sexual harassment consists of the conscious, repeated attempt to degrade, belittle, insult, or intimidate someone using words or threatening language. Examples include:
- Making hurtful comments about a person’s body, clothing, sexuality, or sex life
- Asking questions about their sexual preferences, history, or behavior
- Calling a person inappropriate names or slurs
- Expressing sexist, homophobic, or transphobic attitudes
- Discussing sexual activities
- Making sexual innuendos or unwanted “jokes” about sex
- Using crude or abusive language that is threatening, demeaning, or discriminatory
- Repeatedly asking someone out on a date after being refused numerous times
- Making unwelcome sexual advances
- Requesting sexual activity or favors
- Making inappropriate sounds, such as “catcalling”
- Visual sexual harassment occurs when an individual exposes someone to obscene or sexually explicit images without their consent. Common behaviors involve:
- Exposing one’s genitals or breasts to others
- Persistent leering or staring at someone’s body in an offensive or lewd manner that makes them uncomfortable
- Making obscene gestures or facial expressions
- Sending unsolicited sexual images or pornographic videos to another person, including by text message or email attachment
- Displaying sexually explicit imagery, such as posters, calendars, and cartoons
- Posting sexual content from websites, books, or magazine pages
- Creating and/or sharing sexually explicit pictures of another person
- Downloading and/or watching pornographic material on a work computer, including wallpapers or screensavers
- Physical sexual harassment means inappropriately touching someone against their will to intimidate, embarrass, threaten, or make them uncomfortable. It can consist of:
- Unwanted touching of a person’s face, hair, body, or clothing
- Deliberately brushing or rubbing up against them
- Grabbing, groping, hugging, or kissing them
- Blocking a person’s movements
- Threatening violence against someone
- Soliciting or forcing them to perform or receive sexual acts
- Sexual assault, rape, and attempted rape
- Physical assault
What Should I Do If I’m Being Sexually Harassed at Work?
If you are being harassed, follow these steps:
- Keep a Detailed Record of All Harassment You Experience.
Evidence is critical for proving sexual harassment. Keep a detailed record of every incident, including the date and time the harassment occurred, the location, the specific behavior the harasser engaged in, and the names of any witnesses who were present. Store this record in a safe location that your employer cannot access. If you receive texts, instant messages, emails, or other communications, save them and add them to your record. While it may be tempting to delete messages that make you feel uncomfortable, these are valuable pieces of evidence and can play a crucial role in your case.
- Try to Resolve the Situation Yourself.
To be considered sexual harassment, the misconduct you are experiencing must be considered “unwelcome,” meaning you are responsible for immediately addressing the behavior and communicating that it is unwelcome. Coordinate a private meeting with the harasser where you can discuss the issue, explain that their actions constitute sexual harassment, and calmly ask them to stop their behavior. In some cases, simply confronting your harasser is enough to stop the harassment. However, you may need to take further action if their behavior continues. If you are being physically abused, do not approach your harasser or try to reason with them – move directly to the next step.
- Report the Sexual Harassment to Your Employer.
Before you can file an official sexual harassment claim with a government agency, you must first report the harassment to your employer. Under FEHA, every employer must have a sexual harassment policy in place, and you must follow the complaint procedures of your workplace before you can move forward with a civil claim. Review this policy to ensure you file your written report according to the company’s procedure and give it to the correct person, likely either your direct supervisor or the human resources department. Your employer should perform a fair and confidential investigation of your report within 24 to 48 hours. If your report is credible, they must take immediate action to end the harassment, such as disciplining or terminating the harasser.
- File a Complaint With the DFEH or the EEOC.
If your employer fails to investigate or stop the harassment, you can file an official discrimination complaint with the California Department of Fair Employment and Housing (DFEH) and/or the federal Equal Employment Opportunity Commission (EEOC). Both of these agencies are responsible for investigating workplace harassment and discrimination and can accept your complaint.
The statute of limitations for a sexual harassment claim with the DFEH is three years, meaning you have three years after the most recent incident occurred to file your complaint. The statute of limitations for a complaint with the EEOC is 180 days after the most recent incident, but this extends to 300 days if you are also filing a complaint with the DFEH.
After you file your complaint, these agencies perform an investigation and may request additional documentation and evidence relevant to your case. If they determine you have valid grounds for taking legal action against the offender and/or your employer, they either file a civil complaint on your behalf or issue a Notice of Your Right to Sue (a “right to sue” letter) that gives you the right to file a sexual harassment claim against the liable parties in civil court. You must file your claim within one year of receiving this letter.
FAQs
Q: Is Workplace Sexual Harassment Illegal?
A: Workplace sexual harassment is a form of employment discrimination and is illegal under federal and state law. Title VII of the Civil Rights Act of 1964 prevents employers from allowing sexual harassment to occur at work and from failing to stop such behaviors after they become aware of them. California’s Fair Employment and Housing Act (FEHA) states that all employers (private, state, and local) have the responsibility to prevent and promptly correct discriminatory conduct and harassment in the workplace.
Q: Does Harassment Have to Be Proven?
A: Winning a sexual harassment case requires proving the following elements of the harassment — the conduct is unwanted, it’s pervasive and/or severe, and it’s based on a protected characteristic. You can prove the conduct was unwanted by showing that you asked the harasser to stop or approached a supervisor for help. Pervasive or severe means the conduct creates a hostile, intimidating, oppressive, offensive, or abusive work environment. Even a single incident can be pervasive or severe enough to constitute harassment. Finally, you must show that the harassment was sexual or due to your gender, sexuality, or sexual identity.
Q: Who Is Liable for Workplace Sexual Harassment?
A: If your direct supervisor engages in sexual harassment, your employer is strictly liable for the misconduct and is responsible for covering the damages you suffered as a result. If your harasser is a coworker or anyone you can come into regular contact with as part of your job duties (i.e., customers, vendors, suppliers, or company owners), holding your employer liable requires proving that they knew about the harassment or should have reasonably known it was occurring. Then, you need to prove that they failed to take immediate, corrective action to stop the harassment.
Q: Can My Employer Fire Me for Making a Sexual Harassment Complaint?
A: If you are fired after reporting sexual harassment internally, filing an official complaint with the DEHA or EEOC, or participating in a sexual harassment investigation, this is considered prohibited retaliation and is illegal. Other forms of adverse employment actions also fall under the definition of prohibited retaliation, such as demotion, failure to receive an earned promotion, reduction in hours or salary, poor performance reviews, or creating a work environment so hostile that you feel forced to resign. The DEHA and EEOC both accept retaliation claims.
Do Not Ignore Sexual Harassment – Secure Legal Counsel Now
Coming forward to report sexual harassment is never easy, but this is the only way to stop the harassment and prevent it from escalating. At the Law Offices of Corbett H. Williams, our Anaheim sexual harassment lawyers can protect your rights, gather evidence that supports your harassment claim, and advocate on your behalf every step of the way. Contact us today to put an end to this illegal behavior and obtain the justice and compensation you deserve.
WE CAN HELP
If you believe you have a legitimate claim of workplace retaliation, Corbett H. Williams is fully prepared to fight for any compensation you rightfully deserve. Cases dealing with unfair workplace actions may seem daunting, but Corbett has had experience with both sides of these issues and knows how to handle these types of cases. Don’t hesitate to call the office at 877-304-7066 to schedule a free case analysis.