If you’re being harassed at work, you may feel scared, embarrassed, or powerless. But you have power and the right to fight back under California and federal law. The best way to exercise your rights is with the guidance of our highly experienced and top-rated harassment attorney, John Dalton. He can tell you what to do if you are sexually harassed at work or suffer any kind of workplace harassment. It is important to contact us as soon as you believe you are being sexually harassed.
At the Law Office of John Dalton, we have decades of experience helping people just like you understand their rights and hold harassers accountable. This guide walks you through six important steps for addressing harassment at work. Let’s dive in to look at how you can protect yourself.
What Counts as Sexual Harassment in the Workplace?
Sexual harassment is a form of unlawful discrimination under California’s Fair Employment and Housing Act (FEHA) and Title VII of the Federal Civil Rights Act of 1964. Harassment occurs when there is conduct in the workplace that is sex-based. This can take many forms. It can be unwanted sex or gender based comments, unwanted touching, inquiries into your personal life or over sharing of the harasser’s personal life. This behavior can be by a manager, supervisor or a co-worker. The sex or gender based misconduct must happen more than a couple of times, or be severe to be actionable. Unlawful harassment can come from coworkers, clients, customers, or even vendors. It can also happen regardless of gender, sexual orientation, or job title.
What Are Other Forms of Workplace Harassment?
Sexual harassment isn’t the only type of unlawful harassment an employee might endure. California and federal laws also protect workers from harassment based on:
- Race,
- Disability,
- Color,
- National origin,
- Medical condition,
- Age (40 and over),
- Religion,
- Marital status,
- Military or veteran status, and
- Pregnancy or childbirth.
California law protects employees regardless of their employer’s workforce size.
What to Do If Sexually Harassed at Work
There are many steps you can take to stop workplace harassment, but each employee’s journey is different, and guidance from a knowledgeable law team like ours can be vital to your success. If you’re wondering what to do if sexually harassed at work, the following steps may be the keys to asserting your rights in a harassment complaint.
1. Speak to an Attorney First
Before you do anything else, talk to our experienced employment attorney. You may not need to follow every step listed here. In fact, some steps—like complaining internally or confronting the harasser—could backfire if not handled correctly.
Every harassment case is different, and the right legal strategy often depends on:
- Who the harasser is,
- What evidence exists,
- How your employer has handled complaints in the past, and
- Whether you’re still working with your employer or not.
The Law Office of John Dalton can help you figure these matters out. Our team can help you identify all instances of harassment in your case and your best options for addressing them.
2. Tell Your Harasser to Stop (If Safe)
The law defines harassment as unwelcome conduct. So, telling the harasser to stop is enough.
However, confronting a harasser is not always safe or necessary. Talk to us first. And if you’re afraid of retaliation, don’t confront a harasser alone. Let us help you figure out the safest way forward.
3. Gather Evidence
The stronger your evidence, the stronger your case. Save anything that proves the harassment happened or shows how it affected you. Examples of helpful evidence include:
- Text messages or emails from the harasser;
- Notes or diaries documenting what happened (including dates, times, and details);
- Witness names (including coworkers who saw or heard the harassment);
- Photos or screenshots of any physical evidence (like inappropriate images or items); and
- Performance reviews or disciplinary records, if you’re facing retaliation.
The most important thing to do is to talk to us first.
4. File an Internal Complaint (If You Can)
If your employer has a harassment or complaint policy, you may need to follow it. This might involve:
- Talking to HR or a supervisor, and
- Submitting a formal written complaint.
Sometimes, the law does not hold an employer accountable for the harassing behavior of a non-supervising coworker, contractor, or patron unless you first address the matter internally. Keep copies of everything you submit or receive during an internal complaint.
However, again, don’t take this step without legal guidance. Some employers mishandle complaints or retaliate against employees. Our team can help you make a plan that protects you.
5. File a Complaint with the Government
Before you can file a lawsuit, the law requires you to file a complaint with the:
- California Civil Rights Department (CRD), or
- U.S. Equal Employment Opportunity Commission (EEOC).
Mistakes can be made if you attempt to file these complaints by yourself. It is important you contact us before filing a complaint with the government. Our firm can file this complaint for you and make sure all deadlines are met.
In many cases, you have three years from the date of the harassment to file with the CRD or 300 days to file with the EEOC.
6. File a Lawsuit
Filing a lawsuit may be necessary to get justice, especially if:
- Your employer didn’t stop the harassment,
- You were fired or demoted after complaining, or
- The harassment caused serious emotional or financial harm.
Lawsuits can be complex. That’s why it’s so critical to seek support from a legal professional who’s experienced in the courtroom. At the Law Office of John Dalton, we prepare every case as if it’s going to trial. That means we take your story seriously, fight hard for your rights, and pursue the maximum compensation the law allows.
Potential Remedies for Sexual Harassment at Work
If you win a harassment claim, you may be entitled to:
- Lost wages and benefits,
- Emotional distress damages,
- Punitive damages,
- Compensation for your financial losses,
- Job reinstatement,
- Policy changes in the workplace, and
- Legal fees.
However, to receive the remedies you deserve, you have to take the right steps, and it all starts with talking to an experienced law team like ours.
We Can Take You in the Right Direction
If you want to know what to do if you are sexually harassed at work, contact the Law Office of John Dalton today. We have won millions for mistreated workers, and we offer confidential consultations. Together, we can work to protect your future.
Resources:
- California Civil Rights Department, “How to File a Complaint,” link.
- California Civil Rights Department, “Available Remedies,” link.