Unfortunately, harassment at work is still a reality for many employees in California. Understanding the steps for addressing this type of misconduct is key to stopping such harassment and holding perpetrators accountable. If you have not gone through the complaint process for this type of misconduct, you may be wondering, “What do you do when someone is sexually harassing you?”
Recognizing the Signs of Sexual Harassment at Work
Before you can take action to hold harassers accountable and make them face sexual harassment penalties, you must recognize the signs of sexual harassment at work. Sexual harassment can take many forms, from unwelcome touching to inappropriate comments or even sexual jokes. These forms of misconduct can create a hostile work environment that makes workers feel objectified and unsafe.
Harassment isn’t always physical. It can also be verbal or even digital. One example would be a sexual image on someone’s monitor at work. Verbal remarks could include suggestive comments that could be complimentary in nature but highly inappropriate in a work setting. By recognizing the signs of sexual harassment, you can take proactive steps to end those acts in the workplace and prevent further harm to your co-workers.
Documenting Inappropriate Behavior and Communication
When harassment occurs at work, stopping the acts of misconduct often requires documentation. Victims of harassment can save copies of offensive emails or messages. Texts from employers or co-workers are also important forms of evidence. The more detailed your evidence, the more credible your complaint will be.
A recent survey found that 12% of women working on-site experienced harassment, more than double the rate for remote workers. However, remote workers can also face harassment via messages or verbal communications over group messaging apps.
Reporting Harassment to HR
Once you have documented the acts of misconduct, you can report the harassment through the appropriate channels. This is often done through the company’s HR department. For smaller companies, the complaints can be shared with the supervisor of your department.
Submit your complaint in writing, and keep copies. Be clear, concise, and factual. Your report triggers your employer’s obligation to investigate the claim. If you’re unsure how to approach your complaint, consult your employee handbook for guidance. Many employees hesitate to speak up, but prompt action can lead to remedies such as internal investigations or administrative complaints with a state or federal agency.
Understanding Your Rights and When to Hire a Harassment Lawyer
While many workers reasonably fear retaliation if they report sexual harassment at work, they are legally protected from suffering any adverse employment actions. Simply put, California law prohibits employers from retaliating against employees who report workplace misconduct.
Retaliation isn’t always obvious. It can include reduced hours, exclusion from meetings, or unfair performance reviews. If you notice these changes after filing a complaint, begin documenting every instance of retaliation. Keep track of who was involved, what happened, and when.
Often, reporting internally isn’t enough. If your concerns are ignored, it may be time to contact a sexual harassment attorney who can take decisive action on your behalf. A Los Angeles sexual harassment lawyer can evaluate your claim and explain your legal options. They can also file a formal complaint with a governmental agency. With the right legal support, you can pursue justice, protect your rights, and stop the behavior from escalating. Often, the key to success is timely and decisive action, backed by strong documentation and witness statements.
FAQs
Q: How Do You Deal With Someone Who Is Sexually Harassing You?
A: If someone is sexually harassing you, you can take proactive steps by documenting the behavior in detail. Note the time and date of the harassment, and include names of potential witnesses. Avoid unnecessary confrontation with the harasser; instead, report the harassment to your supervisor or HR department according to your company’s policy. If your concerns are ignored or retaliation occurs, speak with an employment attorney.
Q: Is It a Crime to Sexually Harass Someone?
A: Sexual harassment in the workplace is usually handled as a civil matter under state and federal employment laws. If the misconduct includes assault, stalking, or other criminal behavior, it may result in criminal charges. Unwanted physical conduct can potentially cross the line from a civil to a criminal offense. An attorney can explain your rights and pursue legal action through the appropriate civil process.
Q: What Is the First Step If You Are Sexually Harassed?
A: If you were subjected to sexual harassment in the workplace, your first step should be to keep a record of the harassment, including what was said or done, where it happened, and who witnessed it. Then, report the behavior to your employer through the proper channels. For most businesses, this would be your HR department. If the harassment continues or your report is ignored, contact an employment lawyer to learn about your legal options.
Q: Can You Report Sexual Harassment Anonymously at Work?
A: Some employers offer anonymous reporting options, but not all do. Even if you report the misconduct anonymously, it may still be difficult for your employer to investigate without clear details about the case. If you work in Orange County areas like Irvine or Huntington Beach and are worried about retaliation, you have the right to pursue legal representation to safeguard your rights and protect yourself from retaliation.
Contact California Employment Counsel, APC, Today to Hire a Harassment Lawyer
Understanding what to do after someone harasses you is important for stopping the misconduct and holding the worker and, potentially, your employer accountable for what happened. The decision to hire a sexual harassment lawyer is equally important. An experienced sexual harassment attorney understands how to use state and federal law to advance sexual harassment cases.
Our esteemed team of trial lawyers includes Nicholas A. Hane, Esq., who joined California Employment Counsel, APC, as Trial Counsel in 2017 after completing three combat tours as a U.S. Marine Corps captain. Our founding attorney, Raymond E. Hane III, has earned recognition as a Southern California Super Lawyer in Employment Law for over a decade, and he brings decades of trial experience. Contact us now to take action against unlawful workplace behavior.