Defining and Addressing Sexual Harassment in the Workplace
Sexual harassment in the workplace is an issue that affects countless employees across California, impacting productivity, well-being, and workplace morale. At Shaumyan & Derbarseghian, LLP, we are committed to empowering employees to recognize, address, and take action against workplace harassment. This article explains what constitutes sexual harassment, your rights as an employee, and actionable steps if you face harassment at work. Whether you’re experiencing or witnessing workplace harassment, understanding the law can help you protect yourself and others.
1. What is Sexual Harassment in the Workplace?
Sexual harassment is any unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. Under California’s Fair Employment and Housing Act (FEHA), employees are protected against various types of harassment, including:
- Quid Pro Quo Harassment: When job benefits like promotions, raises, or employment retention are contingent on submitting to sexual advances or favors.
- Hostile Work Environment: Any behavior that’s severe or pervasive enough to create an uncomfortable or hostile work atmosphere, affecting the employee’s performance or emotional well-being.
It’s important to note that harassment can come from supervisors, coworkers, clients, or even third-party contractors. California law does not require intent to harm for conduct to qualify as harassment; if it impacts the work environment or an individual’s comfort at work, it can be grounds for a claim.
Source: For more information, visit the California Department of Fair Employment and Housing (DFEH) Guidelines on Sexual Harassment.
2. Recognizing Different Forms of Harassment
Sexual harassment isn’t limited to physical actions—it can include verbal, nonverbal, and visual conduct as well. Understanding the various forms can help employees identify inappropriate behavior:
- Verbal: Comments on appearance, sexual jokes, innuendos, or derogatory language.
- Nonverbal: Staring, gestures, or actions implying sexual interest.
- Physical: Unwanted touching, blocking someone’s movement, or personal space invasion.
- Visual: Showing inappropriate images or objects, sending explicit emails or texts.
Each form of harassment can impact an employee’s mental and emotional well-being, affecting both job satisfaction and career growth.
3. When Does Harassment Cross the Line?
Not all uncomfortable interactions qualify as sexual harassment under California law. For behavior to meet legal thresholds, it typically must be severe or pervasive, meaning:
- Severity: A single incident, if extremely serious, can constitute harassment (e.g., assault).
- Pervasiveness: Less severe but repeated actions (e.g., frequent unwanted comments) can also amount to harassment.
California’s legal standards ensure that even one-time incidents, if severe enough, are actionable. If you’re uncertain whether conduct meets this standard, consulting an employment attorney can help clarify your options.
4. California’s Strong Legal Protections Against Harassment
California has taken extensive measures to protect employees, with laws that often go beyond federal protections. The California Department of Fair Employment and Housing (DFEH) provides a robust framework to handle and address harassment complaints. Here are some key protections:
- Broader Definition of Harassment: California law recognizes a wider array of actions as harassment.
- Liability for Employers: Employers can be held responsible if they fail to address harassment complaints properly, even if the harassment wasn’t explicitly reported.
- Mandatory Training: Companies with five or more employees must provide sexual harassment prevention training, covering legal rights and strategies for handling harassment.
Source: Learn more about California’s workplace harassment laws on the California Department of Fair Employment and Housing website.
5. How to Address Sexual Harassment at Work
If you’re experiencing or witnessing harassment, here are some recommended steps:
- Document the Incident(s): Record dates, times, locations, people involved, and any witnesses. Keep any physical evidence (emails, messages) in a safe place.
- Report the Behavior: Notify your supervisor, HR, or an assigned contact per your company’s harassment policy. If you fear retaliation, California law protects against employer actions that might discourage you from reporting.
- File a Formal Complaint: If internal reporting doesn’t resolve the issue, file a complaint with the DFEH. They investigate claims and may offer to mediate if the case has merit.
Source: The DFEH has an online portal for Filing a Workplace Harassment Complaint.
6. Taking Legal Action Against Harassment
In California, victims of sexual harassment can file a lawsuit against their employer if their rights are violated. A legal claim may cover several types of compensation, including:
- Back pay for wages lost due to the harassment.
- Emotional distress compensation for psychological impact.
- Punitive damages if the employer’s behavior was particularly reckless or negligent.
- Legal fees recovery.
California law generally requires employees to file a complaint with the DFEH within one year of the incident to maintain the right to pursue legal action.
Why Choose Shaumyan & Derbarseghian, LLP for Your Harassment Case?
Sexual harassment claims can be complex and sensitive. At Shaumyan & Derbarseghian, LLP, we understand the courage it takes to stand up against harassment, and we’re here to support you every step of the way. Our attorneys work on a contingency fee basis—meaning you don’t pay until we win your case.If you’re dealing with sexual harassment in the workplace, contact us for a free consultation to discuss your case and learn more about your rights. You deserve a safe, respectful work environment, and we’re here to help make that a reality.
