Sexual Harassment FAQs
California’s employment laws include robust safeguards to prevent sexual harassment at work, yet despite the laws and growing awareness, a troubling number of California employees still experience workplace sexual harassment. Although nothing can erase the distress of experiencing this type of harassment and the hostile work environment created as a result, a sexual harassment victim has the right to seek a legal remedy, including compensation for their financial losses and a sense of justice.
Before your Orange County sexual harassment attorney embarks on the challenging process to assert your legal rights, the answers to frequently asked questions about sexual harassment in California workplaces can help you know what to expect.
What Does California Consider Sexual Harassment?
The Civil Rights Department describes sexual harassment as follows:
“A form of discrimination based on sex/gender (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, or sexual orientation.”
Sexual harassment may include unwanted or inappropriate touching, but is not limited to physical interactions. Instead, the state classifies sexual harassment into two categories:
- Quid pro quo harassment occurs when a supervisor, employer, or someone in a position of authority requests or demands sexual favors from a worker, typically in exchange for advancement or other work benefits, or to prevent an adverse consequence to their employment.
- Hostile work environment harassment occurs when the actions of supervisors or coworkers create an uncomfortable or offensive work environment through unwanted sexual advances, jokes, displays, and other physical or verbal sexual behaviors.
All California employees have the right to a workplace that’s free of sexual harassment, discrimination, and hostility.
What Are the Most Common Types of Sexual Harassment In the Workplace?
Under California Code § 12940, the law states the following:
“Harassment” because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct need not be motivated by sexual desire.”
The most common types of sexual harassment in California workplaces include the following:
- Unwelcome sexual advances or propositions
- Making sexually explicit or degrading comments or jokes
- Displaying or sharing sexually explicit content through posters, emails, texts, etc.
- Unwanted touching, including brushing against a coworker or employee multiple times, as well as more direct unwanted touching
- Making obscene gestures
- Openly leering and/or making inappropriate comments about a coworker or employee’s body or clothing
- Discussing sexual acts
- Questioning someone’s sexuality
- Offering promotions or other advantages in exchange for sexual favors or threatening to withhold work advancement without sexual favors
- Reducing an employee’s hours or pay because they turned down sexual advances
In addition to the above, firing an employee for refusing sexual advances or in retaliation for reporting sexual harassment is wrongful termination, leaving the employer subject to a lawsuit.
Who Can Be Held Liable for Sexual Harassment at Work?
Sexual harassment often comes from those in positions of authority, such as supervisors, managers, and employers; however, coworkers of equal status also engage in sexually harassing behaviors. Regardless, the employer is ultimately responsible for the work environment and has a legal obligation to maintain a safe workplace that’s free from harassment and discrimination.
Depending on the circumstances, coworkers who commit sexual harassment, supervisors, managers, and employers could be liable in a California sexual harassment claim.
How Do I Report Sexual Harassment In a California Workplace?
Many California workplaces have employee handbooks with reporting methods specific to the business or organization; however, it’s generally best to first report sexual harassment to an immediate supervisor, and then to the company’s Human Resources (HR) Department. If your employer does not take immediate action to correct the problem, contact an Orange County harassment lawyer. Your attorney will report the complaint to California’s Department of Fair Employment and Housing Administration (FEHA) and the Equal Employment Opportunity Commission (EEOC) as required in California before filing a sexual harassment lawsuit.
How Long Do I Have to File a Sexual Harassment Claim In California?
The time limit, or statute of limitations for filing a sexual harassment lawsuit in California, is generally three years from the last date the harassment occurred. This time limit increased in 2020 from the previous one-year limit. After filing a complaint with the California Civil Rights Department within three years from the last date of harassment, the claimant has one year from the date they receive a Right to File a Lawsuit form from the department to file their claim.
What Evidence Is Needed to Prove a Case of Sexual Harassment In the Workplace?
Gathering evidence to prove sexual harassment is a critical step in the process of obtaining a favorable outcome in your case. Essential evidence includes the following:
- Documentation of one or more HR complaints
- Copies of all written and electronic communications exchanged with supervisors, HR, and employers about the harassment
- Eyewitness statements and contact information
- A detailed log of the harassment events, including dates and a timeline
- Physical evidence, such as notes, photos, objects, and communications from the offending individual
- Copies of company handbooks and sexual harassment policies
It’s also important to demonstrate the impact of the sexual harassment on the injury victim’s life with evidence showing work consequences like reduced hours or pay, exclusion from meetings and advancement opportunities, and loss of benefits or promotions. Evidence of personal strain, such as therapy bills or counseling notes, helps prove the emotional impacts of sexual harassment.
What Damages Can Be Recovered In a Sexual Harassment Case?
Sexual harassment in the workplace is more than just emotionally distressing; it also causes economic impacts to victims. The emotional and economic consequences of sexual harassment are the damages in a sexual harassment claim in California. A successful claim recovers damages such as:
- Economic damages, such as lost wages, lost promotions, and benefits, medical expenses for therapy and counseling, and costs associated with job searching for a new position
- Non-economic compensatory damages for emotional distress, pain and suffering, and harm to your reputation
- Punitive damages to an employer, which serves as a deterrent to future failures to prevent sexual harassment in the work environment
In many cases, the court orders the employer to pay a California sexual harassment victim’s attorney costs and legal fees.
Who Do I Contact for Help In My Sexual Harassment Case?
No one should have to manage a sexual harassment claim in California without a strong legal ally at their side. Call the experienced sexual harassment lawyers at Sessions & Kimball employee rights attorneys to learn more about your right to a non-hostile workplace that’s free from sexual harassment.