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No one should have to deal with sexual harassment in the workplace. Unfortunately, countless Californians face hostile work environments every day.
If you’ve been subjected to sexual harassment at work, it’s easy to feel like you’re fighting a battle on your own. Fortunately, you don’t have to. When you work with an attorney experienced with sexual harassment cases, you’ll gain a formidable ally who’s ready, willing, and able to stand up for your rights.
The dedicated legal team at California Civil Rights Law Group has recovered more than $250 million for clients like you. If you’re being sexually harassed at work, get in touch with us today for a free consultation.
Here’s a closer look at how an experienced sexual harassment lawyer may be able to help you.
California’s Sexual Harassment Laws
According to California sexual harassment laws, sexual harassment is a type of discrimination based on an individual’s sex or gender. The description “based on sex or gender” also includes discrimination based on the following characteristics and conditions:
- Pregnancy, childbirth, or related medical conditions
- Sexual orientation
- Gender identity
- Gender expression
The California Civil Rights Department specifies that sexual harassment doesn’t have to be driven by sexual desire. The target may or may not be the same gender as the perpetrator, and the parties’ sexual orientation or gender identities don’t determine whether a particular action constitutes sexual harassment.
What Qualifies as Sexual Harassment in California?
The California Civil Rights Department recognizes two primary types of sexual harassment:
- Quid Pro Quo: A superior makes a promotion or work benefit contingent on sexual favors or other conduct based on sex
- Hostile Work Environment: Someone makes unwelcome comments or exhibits inappropriate behaviors based on sex
Many different situations may be considered sexual harassment in the workplace. You may be a victim of sexual harassment even if inappropriate comments or behaviors aren’t aimed at you.
To break the law, sexual harassment must be serious or pervasive. Sometimes, this means that the conduct must be repeated. However, in some instances, a single action may be so egregious that it breaks the law.
Employer Liability for Harassment in California
California sexual harassment laws aim to shield the rights of workers by holding employers responsible if they don’t take proper steps to prevent harassment and address it when it occurs. Anti-harassment laws apply to all employers, regardless of the number of employees they have.
The state requires all employers to take the following actions to protect their employees from harassment:
- Distribute copies of an approved fact sheet or brochure about sexual harassment
- Create and distribute a policy for the prevention of harassment, discrimination, and retaliation
- Translate the policy into a language other than English if at least 10% of employees speak said language
- Display the California Civil Rights Department poster entitled “California Law Prohibits Workplace Discrimination and Harassment”
- Provide sexual harassment prevention training (for employers with at least five employees)
These requirements are more extensive than those in many other states. However, employers have a powerful incentive to follow them: They may be held liable for harassment committed by supervisors. Individual employees (regardless of whether they’re supervisors) may be held liable for harassment as well.
What Damages Can You Recover in a Workplace Sexual Harassment Case?
Under California law, victims of workplace sexual harassment could be entitled to several remedies, including the following:
- Compensatory damages for emotional distress from the employer and individual perpetrators
- Back pay (if the harassment negatively impacted the victim’s career)
- Reinstatement
In some cases, a court may also order the employer to make specific changes. For instance, if an employer harbored a harasser and did nothing to stop their conduct, the court may order the harasser to be fired.
Additionally, courts sometimes order employers to create detailed harassment-prevention policies or require them to train employees.
Recognizing Workplace Sexual Harassment
Sexual harassment in the workplace isn’t always obvious. When you understand what it might look like, you’ll be better equipped to assert your rights. Here are a few examples:
- Offering a promotion or other work benefit in exchange for sexual favors
- Making unwanted sexual advances
- Staring or leering
- Making obscene gestures
- Making sexually graphic comments
- Displaying pictures or objects that are obscene or sexually suggestive
- Making sexist or derogatory comments or jokes
- Using sexually degrading words
- Physically touching or assaulting another person
- Cornering someone or intentionally blocking their path
- Sending obscene or suggestive messages
Recognizing sexual harassment in the workplace is a critical first step. Once you understand how to identify it, you’ll need to learn how to document workplace harassment.
Reporting and Documenting Incidents
Proving sexual harassment at work isn’t always easy. If your workplace supports sexual harassment and your coworkers deny that there’s a problem, you could be facing an uphill battle.
The best way to understand the kind of evidence needed for sexual harassment cases is to consult an attorney. However, you can start by thoroughly documenting instances of harassment.
Each time a supervisor or coworker harasses you, make a note of the following:
- The date, time, and location of the incident
- Who the harasser was and whether there were other victims
- Any potential witnesses
- How the harassment impacted you
You should also save any relevant evidence you have. For example, if your harasser sends you inappropriate texts or social media messages, you should take screenshots and store them somewhere safe.
Once you have ample documentation, you’ll be ready to take steps to report workplace harassment. If you’re comfortable reporting sexual harassment at your job, consult your employee handbook or posted policies to learn how to do so.
You can often make these reports anonymously. However, if you feel unsafe or think reporting could make you a target for retaliation, it’s worth speaking with an attorney. A lawyer can help you determine whether it’s better to file an internal report or proceed straight to an EEOC or CRD claim.
Protecting Yourself From Retaliation
Unfortunately, many people are afraid to file sexual harassment claims in California because they think their employers will retaliate. Employers then become emboldened because they believe they can get away with permitting harassing behavior.
Fortunately, California takes employee rights in harassment cases extremely seriously. If you face retaliation for filing harassment claims, your employer has broken the law, and you may have legal recourse.
Some forms of employer retaliation are more blatant than others. Potential examples include:
- Firing or demoting you
- Isolating you at work
- Giving you (unjustified) negative performance reviews
- Excluding you from meetings or work outings
- Reducing your salary
- Denying you a raise
- Micromanaging you at work (when this wasn’t done before)
- Changing your schedule or giving you less desirable shifts
All of these forms of retaliation are illegal, and all have a negative impact on your life. The most serious is being fired unexpectedly. If this happens, you should call a wrongful-termination-related-to-harassment lawyer right away.
EEOC vs. California DFEH Sexual Harassment Claims
When it comes to filing a sexual harassment claim in California, you may have options. You or your attorney might consider making your claim with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (formerly known as the Department of Fair Employment and Housing, or DFEH).
The EEOC is a federal agency, and the CRD is a state agency, but that’s far from their only difference.
EEOC Sexual Harassment Claims
The EEOC handles sexual harassment claims under Title VII of the Civil Rights Act. Title VII prohibits discrimination based on sex, religion, race, color, or national origin.
The Civil Rights Act is a federal law, but notably, its harassment protections only apply to employers with 15 employees or more. If you work for a smaller employer, you may be able to file a claim with the California Civil Rights Department instead.
CRD Sexual Harassment Claims
The CRD handles claims of sexual harassment violating the Fair Employment and Housing Act (FEHA). The FEHA has much broader anti-discrimination protections than the Civil Rights Act. But perhaps most importantly, it applies to all California employers regardless of their number of employees.
The EEOC and the CRD sometimes collaborate on claims through a worksharing agreement. If you aren’t sure which agency to file a claim with, a California sexual harassment lawyer may be able to offer helpful guidance.
If you’re being harassed at work or are otherwise dealing with a hostile work environment, don’t wait — reach out to a qualified attorney today.
What Is the Statute of Limitations for Sexual Harassment in California?
In California, the statute of limitations for filing a sexual harassment lawsuit depends on whether you’re filing a federal complaint through the EEOC or a state-level complaint through the CRD.
Instead of a single statute of limitations, you’ll need to adhere to multiple strict deadlines. Here’s how the process works when you file an EEOC complaint:
- You’ll have 180 days from the most recent violation to file a claim
- If your case also falls under California law, the deadline is extended to 300 days
- The EEOC will review your claim
- If officials believe the claim has merit, they’ll send you a “Right to Sue” notice
- Once you receive the notice, you’ll have 90 days to sue your employer
The process is fairly similar for CRD complaints. Here’s how it works:
- You’ll have three years from the date of the last harassment incident to file a claim
- The CRD will review your claim
- If officials believe the claim has merit, they’ll issue a Right-to-Sue notice
- Once you receive the notice, you’ll have one year to sue your employer
If you intend to file a complaint for workplace sexual harassment, sticking to these deadlines is essential. If you miss one, there’s a good chance that you won’t have the right to continue with your claim.
Navigating the Legal Process
Wondering how to file a sexual harassment claim in California? Given the high-stakes nature of reporting harassment and the complexity of the process in general, it’s highly advisable to work with an attorney. However, it may be helpful to first familiarize yourself with the general steps.
Gather Evidence
Keeping a running log of harassment incidents, along with copies of any communications you receive, can prove very useful. You may be tempted to record work conversations, but this generally isn’t a good idea.
California is an “all-party consent” state. This means that if you want to record a conversation or interaction, all involved people must consent. If you do so without permission, you might be breaking the law.
Submit Your Intake Form
When you file a claim with the CRD, you must send in an intake form (your initial complaint) within three years of the harassment.
If the CRD decides that your complaint has merit, you’ll have two main options going forward:
- Allow the CRD to conduct its own investigation
- Obtain a Right-to-Sue notice and file your own lawsuit
Each option has its benefits and drawbacks. For instance, if the CRD handles your case and requires both sides to attend mediation, there’s a possibility that your case will be resolved much faster. When it comes to mediation vs. litigation for harassment claims, mediation is almost always much less costly as well.
However, if you decide to file your own lawsuit, you and your lawyer will maintain greater control over the case, and you may have a reasonable chance of a higher recovery.
Ideally, you should consult a lawyer before sending in your intake form. That way, your attorney can help you decide how to move forward.
Wait for the CRD’s Response
If the CRD determines that your claim has merit, and you’ve chosen to pursue a lawsuit yourself, you’ll receive a Right-to-Sue notice. Once you do, you’ll have one year to file a lawsuit.
File a Lawsuit and Enter Settlement Negotiations
Even if your lawyer files a lawsuit on your behalf, your case may not go to court. Most of the time, attorneys will try to negotiate a fair settlement with the other side.
The settlement process for harassment claims can take time, and a fair settlement isn’t a guarantee. If your case can be settled outside of court, you’ll save time and stress. If not, the issue may need to be decided in a civil trial.
Why Legal Representation for Harassment Victims in California Is Important
If you’re curious about how lawyers help harassment victims in California, here are some of the many reasons you should consider having an attorney on your side:
- They can help you understand your options
- They can offer guidance on how to document harassment
- They’ll understand and help you adhere to all relevant deadlines
- They can organize and file your claim for you
- They may be able to negotiate a settlement on your behalf
You don’t have to try to stand up to a harassing employer alone. An attorney can offer legal guidance, but they can also provide emotional support as you go through this challenging time.
Seeking Legal Advice for Sexual Harassment Claims in California
Navigating the workplace harassment claim process can be daunting. In some cases, employers will double down and hire their own attorneys to argue against claims. That’s why you need a civil rights lawyer who understands state and federal sexual harassment laws and is willing to seek justice on your behalf.
California Civil Rights Law Group proudly represents workers and others whose rights have been violated. Contact us today to get a strong advocate in your corner and demand the accountability you deserve.
