If someone at work is making comments that make you feel uncomfortable, unsafe, or disrespected, you may be dealing with unlawful verbal sexual harassment. You have legal rights against harassment and may be entitled to compensation for your pain.
However, before you take any action, talk to our skilled sexual harassment attorney at the Law Office of John Dalton. Speaking with a knowledgeable attorney right away can help protect your rights to the fullest. We have several decades of experience, and we know how to protect hard workers in California like you. You do not have to stay silent, and you do not have to go through this alone.
Workplace Sexual Harassment Is Against the Law in California
California has some of the strongest worker protection laws in the country, including laws against workplace harassment. Federal law protects California workers as well, but state law tends to provide more coverage and options to employees.
The laws that can protect you from verbal sexual harassment include:
- California’s Fair Employment and Housing Act. This is the main state law protecting employees from discrimination and harassment, including sexual harassment. Employees are covered regardless of the size of their employer.
- Title VII of the Civil Rights Act of 1964. This federal law also makes sexual harassment illegal for employers with 15 or more employees.
These laws protect virtually all workers, regardless of their job title, immigration status, or how much money they make.
What Is Verbal Sexual Harassment?
You do not have to be touched or physically threatened to be a victim of sexual harassment. Verbal sexual harassment is illegal and happens when someone in your workplace uses words—spoken or written—that are offensive and focus on sex or gender. Words alone can create a discriminatory work environment or unlawfully pressure you into unwanted situations.
Verbal Harassment Definition
The law generally recognizes two types of sexual harassment:
- Quid pro quo harassment. Quid pro quo means “this for that.” It happens when a superior in your workplace makes unwanted requests or comments that suggest you must perform sexually to receive employment benefits.
- Hostile work environment harassment. This happens when someone’s unwelcome words about sex or gender are so severe or repeated that they create what a reasonable person would call an abusive, intimidating, or hostile workplace. The unlawful behavior doesn’t need to come from a boss to be actionable: It could come from a coworker, a client, or even a customer.
You don’t have to prove that a harasser intended to harm you, and you don’t have to be the target of offensive words to have rights against sexual harassment. What matters is the harasser’s impact on your ability to do your job.
Examples of Verbal Sexual Harassment
Now you know the definition of verbal harassment, but recognizing harassment is easier when you have examples. The following are some common verbal harassment examples that you might see or hear in your workplace:
- Sexual jokes or comments about someone’s body;
- Repeated requests to go on dates after you have said no;
- Sexual noises or gestures;
- Use of slurs based on gender or sexuality;
- Comments like, “You’d be prettier if you smiled more”;
- Rumors about your sex life;
- Nicknames that make you uncomfortable, like “honey,” “baby,” or “sweetheart”; and
- Discussion of pornography or sexual acts in the workplace.
Even if the harasser says they were “just joking,” the law still protects you from their behavior.
What to Do If You Are Experiencing Verbal Sexual Harassment
You might feel powerless in the face of offensive comments, especially if they come from a supervisor or important client. But you have rights, and we can show you what to do.
Step 1: Speak to a Lawyer
Call our office before doing anything else. Our experienced team can help you set up an effective case from the first sign of harassment and avoid common pitfalls that might undermine your rights in an otherwise solid complaint.
Speaking to our attorney can help you confront your harasser, file a complaint, or talk to HR. Speaking to an attorney first can be vital since what you say and do now can affect your case later. The Law Office of John Dalton can listen to your story, explain your rights, and help you take the safest steps forward.
Step 2: Write Down What Happened
If it’s safe, write down:
- What was said,
- Who said it,
- When and where the statement happened, and
- Who else saw or heard the statement.
This practice can be very useful if you choose to file a complaint or lawsuit. Your notes can help you identify important evidence and witnesses and jog your memory for your own testimony.
Step 3: Gather Evidence
To prove your right to remedies under state or federal anti-harassment laws, you need to have strong proof of the offensive behavior. Evidence might include:
- Correspondence from your harasser,
- Witness testimony,
- Complaint records,
- Photographs, and
- Copies of workplace policies.
We can help you access and gather the best evidence to prove your case and maximize your damages in a complaint.
Filing a Complaint for Verbal Sexual Harassment in California
You have the right to file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). However, we strongly urge you to contact us before you file anything.
The complaint process typically involves:
- Intake forms and written statements,
- Interviews with investigators,
- Discovery of evidence,
- Mediation or settlement efforts,
- Administrative hearings, and
- Possible legal action in civil court.
The complaint process can take months, and simple mistakes can be costly. That’s why it’s best to talk to us about the best way to start your claim. Our firm can file a complaint for you, speak to investigators on your behalf, and fight for your rights every step of the way.
Remedies for Verbal Sexual Harassment
If you’ve been harassed, the law allows for several possible remedies, including:
- Compensation for lost wages and other financial losses;
- Payment for emotional distress;
- Punitive damages, if your harasser’s actions were exceptionally threatening or offensive;
- Job reinstatement, if you were fired or forced to quit; and
- Policy changes at your workplace.
In some cases, simply taking action can stop the harassment and protect others.
Talk to Our Office Today
You are not to blame for your harassment, and your harasser owes you legal relief. The Law Office of John Dalton is here for you. We have handled hundreds of cases and won millions for victims of harassment. We know how to protect workers who are brave enough to speak out.
Your voice matters. Your dignity matters. And the law is on your side. So, contact us today by phone or online to schedule an appointment and get the legal support you deserve.
Resources:
- California Civil Rights Department, “Filing a Complaint,” link.
- California Civil Rights Department, “Possible Outcomes,” link.