What to Do If You’re Facing Workplace Sexual Harassment in Anaheim, CA

Anyone who has experienced sexual harassment at work can attest to how distressing and overwhelming it can be. In these situations, it’s critical to understand your employment rights and how to take action to rectify the situation. If you are someone who has been wondering what to do if you’re facing workplace sexual harassment in Anaheim, CA, the following steps can help you to protect yourself and hold the responsible party accountable for their actions.

Recognize Workplace Sexual Harassment

One of the first steps to addressing this problem in the workplace is knowing what qualifies as workplace sexual harassment. One of the most common reasons why the issue continues to permeate throughout California workplaces is because people are hesitant to take action because they are unsure if their experience meets the legal definition of sexual harassment.

Workplace sexual harassment generally falls into two categories:

• Quid pro quo harassment. This is when a supervisor or someone else in power offers a certain job benefit, like a promotion or raise, in exchange for a sexual favor. Their words or actions may also convey that if the subordinate does not comply, there will be negative consequences. In 2022, the California Civil Rights Department reported 56 cases of quid pro quo sexual harassment.
• Hostile work environment. Whenever unwelcome behavior becomes so common in the workplace, like telling inappropriate jokes or making repeated advances, it can impact the organization’s larger culture. This can create an overall more intimidating place to work, making it more difficult for an employee to do the job.

Document the Harassment in Detail

It’s important to keep detailed and accurate records related to the harassment you have either experienced or observed. This can significantly strengthen the quality of your case.

Here are some tips to properly document sexual harassment:

• Record all details of everything you see. This should include the date, time, and location of each incident. Also, jot down everyone’s names involved, including any nearby witnesses.
• Describe exactly what happened. Be as specific as possible, noting the exact words, gestures, or actions that were inappropriate.
• Save all correspondence. This includes all emails, text messages, voicemails, or any social media interactions that also point to the abuse.

Report the Harassment to Your Employer

If you feel comfortable, report the harassment to your employer as soon as you can. This can either be directly to your supervisor or through your Human Resources department. If you are unsure how your company prefers these matters to be handled, refer to your employee handbook to see if that provides any direction.

When you report sexual harassment, your employer is legally required to take these complaints seriously. They will need to start investigating the allegations. If they refuse to do this, you may need to escalate your complaint to an external source, such as an employment attorney.

Understand Your Rights Under California Law

California is known to have some of the strongest protections in place for workers against issues like sexual harassment. The law requires employers to take all accusations seriously and to avoid engaging in any retaliatory behavior against those who report unlawful conduct.

Some key legal protections to be aware of include:

• California Fair Employment and Housing Act. This state statute prohibits sexual harassment in any workplace that has five or more individuals. It requires these employers to investigate all reports of this happening at their organization and to take corrective action immediately.
• California’s mandatory harassment training. Employers are required to provide anti-harassment training for all employees.
• Title VII of the Civil Rights Act. This is a federal law that protects all employees from workplace sexual harassment. It holds accountable anyone who allows a protected characteristic, such as race or religion, to influence their hiring, promotion, or firing decision.

FAQs

Q: How Long Do You Have to File an EEOC Charge in California?

A: California allows 365 days from the dates of an alleged workplace harassment to file a charge with the Equal Employment Opportunity Commission (EEOC) if your incident falls under federal law. It’s important to file within this timeframe to avoid missing the opportunity to be compensated for any damages you experienced and to hold the alleged abuser accountable for their actions. This is why it’s important to hire an attorney earlier on to avoid missing critical deadlines.

Q: Can I Report Sexual Harassment Anonymously in California?

A: In many cases, your employer will have a channel that allows employees to submit their concerns anonymously through either a hotline or some type of online reporting system. However, if you choose to remain anonymous, it could limit how much your employer is able to interject and hold the individual accountable. If you have concerns over retention, hire an employment attorney to supervise the process and ensure no one takes advantage of your rights.

Q: What To Do if I’m Being Sexually Harassed at Work in California?

A: It’s important to remember that employment sexual harassment is not just limited to your coworkers or supervisors but also customers, clients, and other third parties with whom you engage. If you experience this type of harassment from someone outside of your workplace, it’s important to report the abuse the same way you would if it was an internal colleague. If your employer fails to act on your behalf, you will need to take further steps with an attorney.

Q: Can I File a Sexual Harassment Complaint if I’m No Longer Employed at the Company?

A: Yes, you are still able to report sexual harassment in California even if you are no longer employed with the company where the incident happened. Many previous employees decide to take this route, as they feel more comfortable doing so after they’ve removed themselves from the environment. If you are able to prove the abuse happened and hold the abuser accountable, an attorney can potentially help you get your job back if desired.

Contact Kramer Brown Hui LLP Today

If you have recently experienced or observed an instance of sexual harassment at work, contact our law firm today. We understand how much this requires you to step outside of your comfort zone to report the abuse. To assist, Kramer Brown Hui LLP will stand by your side throughout the entire journey to ensure no one takes advantage of your rights while we work together to hold the abuser accountable. We look forward to learning more about how we can help.

See Related Posts:

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