How Do I Know When It’s Time to File a Sexual Harassment Complaint?

Both federal and state laws protect the rights of California employees to be free of a hostile workplace environment, including the right to work without experiencing sexual harassment. Sexual harassment has consequences that extend beyond adverse effects on the victim’s earnings and career advancement; it also causes frustration and deep emotional distress. But how do you know when an employer’s, supervisor’s, or coworker’s actions go beyond disrespect and cross the boundary into sexual harassment? An Orange County sexual harassment attorney can help.

What Constitutes Sexual Harassment In California?

Workplace sexual harassment affects employees and job applicants in California, despite increased awareness and both federal and state laws meant to protect against all forms of harassment in Orange County, including discriminatory harassment and sexual harassment. Sexual harassment is generally divided into two categories:

• Sexual Harassment That Creates a Hostile Workplace Environment

A hostile work environment occurs when a supervisor, employer, or co-worker’s actions make it unpleasant or unsafe to go to work. Examples include unwanted touching, lewd remarks, pressuring for romantic attention, displaying or sharing vulgar or obscene images, or sexist remarks.

• Quid Pro Quo

Quid pro quo occurs when an employer, supervisor, or other person in a position of power asks or demands sexual favors in return for workplace advancement or advantages.

If you’ve been the target of any of the above actions at work, you have legal options, including the right to file a sexual harassment lawsuit against your employer, either for their harassment or for failing to address your reporting of a coworker’s sexual harassment.

When Is It Not Actionable Sexual Harassment In California?

Not every instance of office flirtation, isolated instances (unless it is an incident of sexual assault), stray sexist remark, or petty annoyances from a coworker, supervisor, or employer constitutes a sexual harassment claim. It’s only time to file a sexual harassment complaint in California if the harassment is persistent and pervasive enough to create a hostile workplace environment, with adverse impacts on the sexual harassment victim’s earnings or career advancement opportunities.

When Can I File a Sexual Harassment Complaint In California? 

California’s employee protection laws under the Fair Employment and Housing Act (FEHA) protect job applicants, employees, independent contractors, and volunteer workers. Before filing a claim, it’s important to gather evidence, such as copies of HR reports, emails, incident reports, and any other documentation related to the harassment.

California requires sexual harassment victims to file a complaint with the Civil Rights Department (CRD) within three years of the last instance of sexual harassment. The CRD then issues a “Right to Sue” notice. Sexual harassment victims have up to one year from the receipt of the Right to Sue notice to file a lawsuit.

As a California employee, applicant, or independent contractor, you have the right to file a lawsuit against an employer who personally sexually harassed you, or against an employer who failed to promptly correct your reported situation of sexual harassment by a supervisor, manager, coworker, or client.

What Damages are Recoverable In a California Sexual Harassment Claim?

A successful sexual harassment lawsuit can recover significant damages, including economic losses resulting from adverse effects on wages, salary, or career advancement. Non-economic damages arising from the emotional distress, anxiety, and trauma of sexual harassment can significantly increase the amount awarded in a California sexual harassment lawsuit. Contact our award-winning Orange County employment attorney for a free consultation at Sessions & Kimball today.