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Did You Know Sexual Harassment Laws are Different in California?
Federal sexual harassment laws have existed in some form or another since at least the 1960s. These laws exist to protect people from unwanted sexual attention, contact, or advances, especially when it is possible for people to abuse their position of power.
States also draft their own sexual harassment laws, but often default to using the federal standard. These laws define harassment, how it should be prosecuted, and how it should be punished. They also define which employers are governed by these laws and who is protected.
Some states, like California, have actually expanded upon the federal sexual harassment laws that govern sexual harassment cases. When moving to California, people may not know that they are both held accountable by and protected by California’s sexual harassment laws. Likewise, someone starting a small business in California may be surprised to learn that their company is held accountable by California’s laws.
So, whether you are a traveler, a new resident, or moving to California to start a business, you should be educated on how California’s laws differ from the federal standard.
How is Sexual Harassment Defined?
According to the U.S. Equal Employment Opportunity Commission, sexual harassment is any unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature are all a form of sexual harassment.
It is important to understand that this harassment doesn’t have to be purely sexual in nature. Making derogatory remarks regarding a person’s sex is also sexual harassment.
Offering a quid pro quo agreement, where some benefit is offered in return for a sexual favor, violates federal sexual harassment laws.
Something that may be surprising is the fact that companies with 14 or fewer employees are not governed by the United State’s sexual harassment laws, leaving some people vulnerable when facing sexual harassment in smaller companies.
Both the harasser and the victim of the harassment can be of either gender; they do not have to be of the opposite gender. The harasser can be anyone on the company premises, from your coworkers to the CEO, and even a client or other non-employee can be a harasser.
How Do California’s Laws Differ?
California holds its citizens to a higher standard and has chosen to expand how they define sexual harassment, who is protected, and how sexual harassment is classified.
Some of the biggest differences between California and Federal sexual harassment laws include not limiting these laws to companies with 15 or more employees. This means that any employer in California, no matter how small, can still face severe consequences for not protecting their employees from sexual harassment or failing to maintain a safe, harassment-free environment.
Also, more people are protected under California’s sexual harassment laws. Not only are employees guaranteed protection by these laws, but so too are job applicants, unpaid interns, volunteers, and people supplying services for the company under a contract, often referred to as “independent contractors” or 1099 workers.
Another way California’s sexual harassment laws differ is that employees can file a lawsuit up to three years after the harassment occurs, which gives employees much more time to consider their options and seek legal advice.
To some, California’s sexual harassment laws may seem excessive, however, they are designed to protect California citizens from predatory behavior and to hold shady employers accountable when they fail to protect their employees.
When Should You File a Sexual Harassment Claim?
Although you may have up to three years to file your sexual harassment claim, waiting too long to start the process is a common pitfall to avoid.
Time is generally the enemy of a strong sexual harassment claim as people’s memories, yours included, tend to get foggy as weeks and months pass after the events. Fine details like names and dates are forgotten, critical evidence is misplaced, and the revolving door of the professional environment may make it hard to later track down people who witnessed your harassment.
That means you should file your claim as soon as your employer fails to protect you from sexual harassment and/or retaliates against you for reporting it.
It is important to keep track of evidence that will help your case. If your harasser used texting or email to harass you, save copies in a place you will always have access to, regardless of your employment status with the company. Remember, if you use employee email services, your employer will have access to your emails and may even be able to delete them without your knowledge or permission.
If you were physically accosted at the workplace in such a way that you were injured, photograph your injuries and seek a medical evaluation immediately. This information will help you build a case that will stand up to legal scrutiny.
If you are unsure of what to do if you have been harassed, or you’re not even sure if you were harassed, then contact a sexual harassment attorney. They will be more than happy to help you with your case or guide you in the right direction if a case does later develop.
Do You Really Need a Lawyer?
You may think that California’s strict laws are all you need to hold your employer and harasser accountable.
However, your employer likely has immense legal resources at their disposal, which they will use to the full extent to escape any liability and consequences. Further, those resources are also used to protect the individual who harassed you, as it is in the employer’s best interest to do so and strongly deny that any harassment ever took place.
To level the playing field, you should always consult with a qualified and experienced sexual harassment attorney about your case and how to proceed. It is very important that you hire an attorney who has been practicing California sexual harassment law for many years and who has extensive experience litigating these cases in court as well as taking cases like this to trial and verdict (as many attorneys do not).
Call 949-771-8173 to speak with Odell Law, PLC, and learn how we can help you get the justice you deserve and ensure your abuser can’t hurt you or anyone else! Call now for a free consultation and find out how we can help your claim!
