Steps to Take if You’ve Experienced Sexual Harassment in Your Palmdale, CA Workplace

Sexual harassment can be a triggering and emotionally distressing experience, and it can be difficult to know how to move forward. A variety of laws in the state of California are designed to protect you and provide a framework for the steps to take if you’ve experienced sexual harassment while working for your Palmdale, CA employer.

Over 81% of women and 43% of men nationwide report experiencing sexual harassment in the workplace, but the percentages are even higher in California. You are not alone. A Palmdale employment lawyer can help.

Defining Sexual Harassment

California’s Fair Employment and Housing Act defines sexual harassment as any kind of unwelcome behavior based on sex, gender identity, pregnancy, childbirth, or sexual orientation. The definition is wide and encompasses different types of conduct within each of those categories. The harassment must be severe but only needs to happen once to be considered sexual harassment.

Different types of sexual harassment can look like:

• Unwanted sexual advances
• Offering work favors, raises, or promotions in exchange for sexual favors
• Inappropriate sexually-charged images, gestures, leers, cartoons, memes, etc.
• Crude comments, jokes, or slurs
• Suggestive or obscene language
• Inappropriate touching or trying to control someone else’s body

The perpetrator doesn’t have to belong to your company either. They could be a third-party vendor, client, or a customer. Companies are required to take action if someone reports harassment from any of these parties.

There are two main categories of sexual harassment recognized under California law:

• Quid pro quo harassment is when a supervisor or person in authority seeks sexual favors in return for employment benefits such as a job offer, raise, promotion, or other workplace incentive. This type of harassment is illegal even if it only happens once, provided there is a clear link between the sexual request and the consequence.
• Hostile work environment harassment is when sexually-targeted material or conduct taking place at work makes it more difficult for targeted employees to do their jobs. Comments, jokes, threats, or unwanted sexual advances that affect someone’s ability to work fall under this category. You can experience this type of harassment even if it wasn’t directed at you.

Steps to Take to Report Harassment

Sexual harassment can be difficult to process. A staggering 99.8% of people who experience sexual harassment don’t report it, but if the harassment is severe or continues to happen, then reporting it will not only protect you but also others in the future. These are the steps you can take if you’ve experienced sexual harassment while working in Palmdale, CA:

1. Recognize sexual harassment when it happens. Because California’s definition is rather broad, harassment doesn’t need to be explicitly sexual in nature, but if it relates to your gender or sexuality, it could qualify. Know your rights and educate yourself about what sexual harassment is so that you can identify it immediately.
2. Document the event, including the date, time, and the person(s) involved. If you have any written communication, make sure to include it in your documentation. You might also include the emotional or physical toll it took on you.
3. Review your work’s policies about sexual harassment. If they have clear action steps, follow those. Report sexual harassment it to the correct supervisor or to HR. If you do not report it, then you might not have any recourse with your employer later, but you may still hold the perpetrator accountable.
4. File a complaint with the appropriate agency. Both the Civil Rights Department and the Federal Equal Employment Opportunity Commission have offices in downtown Los Angeles, but since Palmdale is an hour away, you may also file the complaint online.

If you have any questions or could just use support during this stressful time, an employment lawyer experience representing employees in Palmdale will help you navigate these steps and file the appropriate reports to make sure your voice is heard.

How Employers Must Act to Prevent Sexual Harassment

Employers in California must follow multiple laws to prevent sexual harassment in the workplace. This includes a one-hour prevention training for companies with five or more employees and a two-hour prevention training for supervisors of companies with fifty or more employees. The Civil Rights Department provides videos and brochures for this training, or employers can create their own.

FAQs

Q: What Should Be Your First Course of Action if You Are Sexually Harassed?

A: The first thing you should do is document the experience, including the date and time, not to mention all of the details. Keep a clear record of all communication and all of the people who may have been involved. Take action according to the company policy. If there isn’t one, inform HR or the correct supervisor and keep track of that correspondence as well.

Q: How Can I Prevent Sexual Harassment?

A: Educate yourself about your rights and what sexual harassment looks like so that you can recognize it when it happens. Avoid laughing at and encouraging lewd behavior or crude jokes. Stand up for those who might be victims of the harassment and report it when you see it. Employers are not allowed to retaliate against anyone who reports sexual harassment.  So if you see it happening, you may want to report the retaliatory conduct as well.

Q: What Are Some Examples of Harassment?

A: Sexual harassment can take many forms, but common examples include:

• Asking for sexual favors in exchange for a raise, employment, a promotion, or other business incentive.
• Showing obscene images or sending inappropriate text messages or memes.
• Touching inappropriately and without consent.
• Telling crude jokes that make others feel uncomfortable.
• Making sexual remarks about someone’s body.
• Asking about someone’s sexual orientation or identity in a rude or intrusive way.

Q: How Do You Prove You Were Sexually Harassed?

A: To prove you were sexually harassed, make sure you document everything about the incident, including the date, time, potential witnesses, and your perspective of the events, along with any emotional or physical distress caused by the harassment and how it impacted your ability to work. Gather any evidence, including medical records, disciplinary records, or statements from witnesses. Report your experience and your findings. Seek help from a qualified employment attorney with expertise in sexual harassment cases in Palmadale to guide you through the process.

Contact an Employment Attorney Today

If you or a coworker has been the victim of sexual harassment in your Palmdale, California workplace, you might feel overwhelmed and stuck after this unnerving and violating experience. You don’t have to go through this alone. The people at Kramer Brown Hui LLP are passionate about helping victims through this trying time. We will fight for you and help guide you through your options. Contact our office today to schedule a consultation.

See Related Posts:

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