Workplace Sexual Harassment Laws in San Francisco, CA – Know Your Rights

Encountering an incident of sexual harassment in the workplace can be traumatizing and infuriating. You may not immediately know what to do to defend yourself and protect your rights or may be afraid to report such behavior out of fear of losing your job. You should always feel safe in the workplace, and understanding the various workplace sexual harassment laws applicable in San Francisco, CA, can certainly help with that.

The sexual harassment laws in San Francisco are largely encompassed in California’s Fair Housing and Employment Act (FEHA). This means that within the city of San Francisco, clear harassment-free workplace laws prohibit all forms of harassment at work, including sexual harassment and other types of discriminatory harassment.

What Is Sexual Harassment?

Many different behaviors can be considered sexual harassment, especially in the workplace. It is important to recognize these behaviors as they occur and to take the proper actions to ensure they don’t happen again. Some behaviors happen in person, and others may even happen through remote means, but they are still considered sexual harassment. You should make a report to your company’s HR department or to your direct supervisor when you encounter any instances.

You may be reluctant to report sexual harassment to your supervisor out of fear of workplace retaliation. If you do get penalized for calling out inappropriate behavior, you may be able to seek compensation through a wrongful termination claim. It is illegal to fire an employee in retaliation for their reporting of illegal activity, even if California is an at-will employment state.

Sexual harassment may take the form of sexual jokes, unwanted sexual advances, sexual comments, unwanted touching or groping, pointed sexual questions, sexually explicit phone calls, or sexually explicit texts or emails. A common form of sexual harassment is called “quid pro quo” harassment, which occurs when a supervisory employee offers advancement in exchange for sexual favors from a subordinate.

Sexual Harassment Laws in San Francisco

Under California’s Fair Housing and Employment Act, the laws prohibiting sexual harassment in San Francisco and every other city in the state are quite clear. It is illegal for employers in California to subject their employees to a hostile work environment in any way, including on the basis of sex. If your employer enables this behavior, they will likely be found liable for harassment by any individual supervisor. And the harassers themselves are personally liable for their actions.

Employers are expected to take immediate action when they receive a claim of sexual harassment. This action generally takes the form of an independent investigation into the claim. Once the victim has reported the incident to their supervisor, they may then decide to file a claim with the California Civil Rights Department (CRD) and reach out to a San Francisco sexual harassment lawyer to consider a case against their harasser and possibly their employer.

The city has a very strict policy against retaliation of any kind. It is illegal to retaliate against someone filing a complaint or participating in an investigation of sexual harassment. Retaliation can take the form of transferring the employee against their will, docking their pay, cutting their hours, spreading rumors to discredit the victim, sabotaging their work, and firing them. Everyone deserves a workplace free of discrimination and harassment.

If harassment has escalated to an assault, you can go to the emergency room at Zuckerberg San Francisco General Hospital at 1001 Potrero Avenue, San Francisco, CA 94110, and be seen free of charge.

FAQs

Q: What Qualifies as Workplace Harassment in California?

A: Many different behaviors may qualify as workplace harassment in California. It depends entirely on the details of the situation. Some harassing behaviors include unwelcome advances, off-color jokes, physical intimidation, offensive gestures, bullying, sexual threats, and aggressive behaviors. If you are experiencing harassment in the workplace, report the behavior and reach out to a workplace harassment lawyer to file a claim.

Q: What Are Some Federal Laws Prohibiting Harassment in the Workplace?

A: There are various federal laws that protect workers’ rights and prohibit harassment in the workplace. The Civil Rights Act of 1964 is a federal law protecting workers against harassment based on race, skin color, religion, and more. The Americans with Disabilities Act (ADA) protects workers with disabilities against harassment. The Age Discrimination in Employment Act (ADEA) protects workers over the age of 40 from discrimination.

Q: What Is an Employer’s Responsibility to Protect Employees from Harassment?

A: Employers are responsible for protecting their employees from harassment of any kind, including that which is sexual in nature. If an employer receives a claim of sexual harassment, they must act accordingly and take the proper steps to address and resolve the issue. These precautions include launching an investigation, informing employees of the company’s anti-harassment policy, and providing additional training.

Q: Can a Manager Be Liable for Sexual Harassment in California?

A: Yes, a manager can be held personally liable for harassment in California. This will likely happen if the manager is the harasser or if they refuse to address the issue when they receive a complaint from the victim. If a manager is aware that harassment is taking place but does nothing to stop it, they may be held liable for fostering a hostile work environment and allowing inappropriate behavior. The same may be said for the employer, depending on the situation.

Reach Out to an Experienced Sexual Harassment Law Firm Today

Nobody should have to endure sexual harassment in the workplace. Such behavior can make employees feel devalued and make them question the safety and stability of their workplace. The last thing you want is for your supervisor or employer to dismiss your concerns and fail to act. If this occurs, you may want to consider taking things further and bringing legal action.

The legal team at Kramer Brown Hui LLP can help you present a strong case and take the right kind of action against your employer if they fail you. We can help you gather evidence that supports your claim, protect your interests, and ensure that nobody tries to take advantage of you. Contact us to speak with a team member about how we can help in your case.

See Related Posts:

• How to Prove Sexual Harassment in the Workplace
• Know Your Rights: Sexual Orientation Discrimination