Sexual harassment is harmful and illegal, and it should not happen. But it can be challenging to know what to do if you encounter a harasser at your job. You do not have to worry about what steps you should take next when you have a skilled sexual harassment attorney by your side who can stand up for your rights and hold your harasser accountable. At the Law Offices of John Dalton, we use our decades of experience to aggressively protect victims of workplace mistreatment. If you need a strong advocate who can guide you through how to handle sexual harassment in the workplace, we hope you will give us a call.
What Is Sexual Harassment Under California Law?
When you encounter inappropriate behavior at work, you should speak with us right away about your legal rights and how to assert them. Title VII of the federal Civil Rights Act of 1964 (VII) and California’s Fair Employment and Housing Act (FEHA) define sexual harassment as unwelcome, sex-based conduct that takes on one of the following forms:
1. Quid Pro Quo Harassment
This occurs when your employer or a supervisor requires you to accept, or tolerate, unwanted sexual advances, sexual requests or just sexual conduct in exchange for work benefits, or just to keep your job. If your boss has ever implied that something good or bad at work depends on whether you comply with sexual requests, that is quid pro quo harassment.
2. Hostile Work Environment Harassment
This occurs when unwanted, sex-based conduct is so severe or pervasive that a reasonable person would consider the workplace hostile or abusive. The harasser does not have to be your boss. Employers can also be liable for harassment carried out by coworkers, clients, contractors, or customers.
Depending on the circumstances, employers can be liable for harassment committed by supervisors, non-supervisor employees, clients, and patrons.
Whether harassment fits into the hostile work environment or quid pro quo category, it can come out in many unpleasant ways. You might be a victim of unlawful harassment if you have been subjected to non-consensual touching, comments about physical appearance, name-calling, offensive joking, unwanted romantic requests, request for dates or to “get together,” displays of graphic material, derogatory, gender-based names, or stereotyping statements. And remember if you are direct victim of the harassment, just knowing of the harassment of other employees, is part of your harassment case as well.
Quick answer: Is what happened to me sexual harassment?
Ask yourself: Was the conduct sex-based or gender-based? Was it unwelcome? Did it affect your ability to do your job, or make your workplace feel hostile or threatening? If yes to these questions, you likely have a claim. Call us at (858) 720-8422 for a free case review.
What Should I Do If I Am Being Sexually Harassed at Work?
If you are scared and unsure about how to react when someone begins sexually harassing you, or others, at your workplace, we understand. Dealing with sexual harassment at work is difficult and often disconcerting. Below, we have outlined how to handle sexual harassment in the workplace with clear steps you can take to eliminate the harmful behavior and recover the legal remedies you deserve.
Step One: Consult with an Attorney
Speaking to an attorney should be your first move as soon as you are a victim of, or witness, any type of sex-based discrimination. No matter how blatant or subtle the misconduct, harassment cases are difficult and stressful to navigate. This is why the advice and guidance of an experienced lawyer are vital. John Dalton has handled hundreds of sexual harassment cases in the State of California, and he can help ensure that you have everything you need to hold your harasser and employer accountable for their misdeeds. Please give us a call, or contact us online.
Step Two: Document Everything
Start a detailed log from the very first incident. Courts and agencies rely heavily on evidence. Your documentation should include:
- Detailed written notes: date, time, location, exactly what was said or done, and who was present
- Copies of emails, texts, voicemails, or other correspondence from the harasser
- Names and contact information of any witnesses
- Copies of your employer’s sexual harassment policy
- Any HR complaints you file and responses you receive
- Personnel and wage records (where legally available to you)
- Copies of any disciplinary actions taken, or not taken
Keep collecting evidence until your complaint is fully resolved. Do not delete anything
Step Three: File an Internal Complaint
If a supervisor harasses you and then takes adverse action against you (demotion, termination, denial of a promotion, etc.), your employer is automatically liable for that supervisor’s behavior. But if someone who is not a supervisor or not an employee mistreats you in the workplace, you will likely need to file a complaint with your employer before it can be held responsible for the damages. However, before making this complaint, it is important to contact us.
Step Four: File a Complaint with the Government or in Court
California employees have three legal avenues for taking formal action:
- File with the EEOC (U.S. Equal Employment Opportunity Commission): You have as few as 180 days from the harassing act to file.
- File with the CRD (California Civil Rights Department, formerly DFEH): You have up to three years to file a state complaint. Filing with the CRD also files simultaneously with the EEOC.
- File a civil lawsuit in state or federal court: You must first obtain a Right-to-Sue Notice from the EEOC or CRD before filing suit.
Do not wait. Statutes of limitations are strict in harassment cases. The sooner you act, the stronger your position. Victims who prove their employer engaged in unlawful discriminatory behavior can recover compensation for lost wages, emotional distress damages, reinstatement, promotions, and changes to workplace policy.
Frequently Asked Questions
What if I am afraid to report my harasser?
Fear is completely understandable. Many victims worry about retaliation, such as being fired, demoted, or sidelined for speaking up. In California, retaliation for reporting sexual harassment is itself illegal. If your employer punishes you for making a complaint, that retaliation becomes a separate claim we can pursue on your behalf.
What if HR does not take my complaint seriously?
If your internal complaint goes nowhere, that does not mean you are out of options. In fact, it often strengthens your external claim. Document every interaction with HR, including who you spoke to, what was said, and what (if anything) was done. Then call us.
How long do I have to file a sexual harassment claim in California?
You have 180 days to file a charge with the EEOC and three years to file a complaint with the California Civil Rights Department. However, these deadlines can be complicated by tolling rules, ongoing harassment, or retaliation. Do not assume you have time to spare. Contact us as soon as possible to protect your rights.
Can I sue my employer even if I never reported the harassment internally?
It depends on who the harasser was. If a supervisor harassed you and took adverse action against you, your employer may be automatically liable even without a prior complaint. If the harasser was a coworker or non-employee, you may need to show that your employer knew or should have known about the harassment. An attorney can advise you on your specific situation.
To Learn How to Handle Sexual Harassment in the Workplace, Call Us
The Law Offices of John Dalton are where mistreated employees come to get results. John Dalton has been fiercely representing victims of employment discrimination for 27 years, and his successes are numerous. In fact, John has won some of the largest employment discrimination verdicts in the State of California. Our firm is passionate about championing the rights of workers across the state, and we want to be there for you in your time of need. You can call us at 858-720-8422 or contact us online to schedule a consultation.
