How to Report Sexual Harassment at Work in San Diego: A Step-by-Step Guide

As overwhelming as the prospect of reporting sexual harassment at work can feel, it’s important to understand that you never have to navigate the experience alone. Knowing exactly how to report sexual harassment at work in San Diego is one of the first steps to protecting yourself and holding the alleged abuser accountable for the trouble they have caused. Regardless of the severity of the abuse, following these steps can help you to start moving forward.

Step 1: Identify the Sexual Harassment

The first step to holding someone accountable for sexual harassment is being able to identify what the abuse looks like in the first place. This is one of the main reasons why abuse goes unchecked for so long, as people might be inadvertently putting up with unlawful behaviors that have been normalized in an organization and never identified as harassment.

Two of the most common include:

• Quid pro quo harassment. This is where some authority figure in the organization requests a sexual favor in exchange for a job benefit that they can issue, such as a raise or a new role. They may also threaten an employee with negative benefits, such as threatening to fire or demote them to a role with a lower salary.
• Hostile work environment. Sometimes, minor instances of sexual harassment go unnoticed for so long that they become part of a negative larger culture. This can look like supervisors telling inappropriate jokes, hanging up explicit materials on the walls, or engaging in any other type of offensive behavior that makes the rest of the workplace feel uncomfortable.

Step 2: Document Everything You Observe

The next step is to keep thorough records of everything you either experience or witness. This is an essential step to building a strong case, as it can help bring case participants  back to the incidents as documented at the time they occurred to assess if they meet the legal definition of sexual harassment.

Some tips to properly document the abuse:

• Write down exactly where and when everything happened. Describe each event in vivid detail.
• If there was anyone else around who may have seen what happened, jot down their names and what they would have observed.
• Keep copies of all emails and texts. Sometimes, this can be the most compelling form of evidence, as it’s difficult to combat sexual harassment allegations when they are explicitly written out in a correspondence.
• If you experience any retaliation, such as being threatened that you’ll lose your job if you report the abuse outside of the organization, take note to share this with your San Diego employment attorney. You will need to engage outside counsel if your employer is not taking the accusation seriously.

Step 3: Report the Harassment to Your Employer

Many San Diego employers have certain policies in place to handle workplace harassment claims. If you feel comfortable doing so, here are some of the most common channels for reporting what has happened.

• Direct supervisor. As long as your supervisor is not the individual harassing you, you may report the issue to them to start the investigation with your company.
• HR or a compliance officer. Most companies will have designated staff members in Human Resources who are trained to handle these types of harassment complaints.
• Internal reporting channels. Sometimes, your organization may have an active anonymous hotline or online portal for employees to report any misconduct if they don’t feel comfortable putting their name on the claim or feel more comfortable typing things out rather than verbally sharing.

Step 4: Engage an Employment Attorney

If you are unsatisfied with how your employer is handling your request, it’s advised to engage a third-party legal resource, such as an employment attorney with experience representing San Diego employees. They will be able to:

• Evaluate your case and determine what grounds you have for a lawsuit
• Represent you during the negotiation phase with your employer
• File a lawsuit to seek compensation for any damages that you experienced, such as lost wages or emotional distress

FAQs

Q: How Does the State Identify Workplace Sexual Harassment in San Diego?

A: Per California regulation SB 973, covered employers in San Diego must submit all pay data to the Department of Fair Employment and Housing. This plays an important role in identifying workplace cultures where harassment and discrimination may be more prevalent, as assessing the data by race, gender, and other protected characteristics can reveal systemic biases that contribute to a hostile work environment.

Q: What Do Sexual Violence Statistics in San Diego Reveal About Workplace Harassment?

A: Between 2021 and 2022, there were 4,987 complaints of sexual violence reported to law enforcement agencies across San Diego County. Only 7.7% of reported sexual violence cases result in punishment, which may discourage others in the future from coming forward. This statistic reflects a more common issue in workplace harassment cases where employees hesitate to report misconduct due to fear of retention. An attorney can boost the success of your case.

Q: How Do Sexual Harassment Rates in San Diego Differ Between Men and Women?

A: According to the California Coalition Against Sexual Assault (CALCASA), 86% of women and 53% of men have experienced either sexual harassment or assault in their lifetime. This is higher than the national average of 81% women and 43% men. While these stats show how women are disproportionately affected, the organization observed that men are less likely to report being sexually abused.

Q: What Industries in San Diego Have the Highest Rates of Workplace Sexual Harassment?

A: While sexual harassment at work is not limited to any single industry in California, there are certain sectors that tend to have higher rates due to factors such as power imbalances and customer interactions. For example, industries like hospitality and healthcare sometimes see more reports of harassment as employers who interact with the public often may feel pressured to tolerate certain inappropriate behaviors to keep their jobs.

Contact Kramer Brown Hui LLP Today

If you have recently experienced sexual harassment at your job in San Diego and are looking for professional guidance on what to do next, contact Kramer Brown Hui LLP today. We have been helping people just like you investigate what happened and hold their abusers accountable. From day one, we will stand by your side to help create a compelling case for compensation to assist with recovering on any damages you have suffered.

See Related Posts:

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