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What Are Some Common Examples of Sexual Harassment Under California Law?
California has strict laws and dire consequences for sexual harassment. Sexual harassment is commonly defined as any behavior, action, etc., of a sexual nature that creates an intimidating, offensive, fearful workplace environment.
Additionally, in California, this doesn’t have to be a long-term situation, and even a single incident, depending on its severity, can qualify as sexual harassment under California law.
Some of the most common forms of workplace sexual harassment are;
- Offering you certain benefits or employment in exchange for your sexual favors.
- Constantly making derogatory slurs and comments of a sexual nature.
- Giving you unwanted “back rubs,” physical contact, pats on the butt, or “accidental” brushing up against you, etc.
- Unsolicited and unwanted propositions of a sexual nature.
- The overt discussion of sexual acts in your presence.
- Threats by managers or bosses to reduce your hours, benefits, etc., if you don’t comply with their requests.
- Leering, rude, or gestures of a sexual nature.
- Sending you unwanted social media posts, suggestive objects, photos, or even cartoons of sexually suggestive actions, and much more.
Remember that your employer has a distinct legal obligation to ensure a safe workplace without sexual harassment. Additionally, when harassment is reported, they must act and respond promptly to cease the conduct.
The California Code of Regulations mandates that your employer must have a sexual harassment policy in place. This policy must provide you with the exact steps to report sexual harassment.
Also, to ensure you fully benefit from the California sexual harassment laws and that all your legal rights are upheld, it is mandatory to obtain the advice and professional guidance of an empathetic and skilled sexual harassment lawyer.
What Legal Remedies Can I Use If I’m a Victim of Workplace Sexual Harassment?
Sexual harassment at the workplace can be a harrowing experience for you (as the victim), especially if you otherwise truly enjoy your job. Therefore, California laws about sexual harassment provide you with the right to recover monetary damages (and more) so that you can be compensated for any losses you incur.
When your claim is presented professionally, and you prevail in your case, you could obtain some of the following forms of compensation;
- Financial damages for emotional or psychological distress.
- Get your job back if you were let go.
- Any back wages you may be owed or promotions you should have attained.
- Force your employer to alter their sexual harassment policies and much more.
When your lawyer wins your civil lawsuit, the California court may also award you reasonable attorney’s fees, overall costs, expert witness fees, etc.
Depending on the specifics of your unique case, you could also receive punitive damages if your thorough, knowledgeable, and empathetic law team proves to a jury that your employer acted with malice, recklessness, oppression, or fraud when handling your complaint.
Punitive damages may be awarded under the California codes if they fit the following definitions:
- Malice occurs when – Your employer intends to cause injury and consciously disregards your rights or safety.
- Oppression is defined as – Unconscionable conduct that subjects you to cruel and unjust conditions that utterly disregard your rights.
- Fraud is committed when – Your employer Intentionally misrepresented, deceived, or concealed material facts that deprives you of your legal rights or caused you injury.
Your sexual harassment lawyer, well-versed in the salient points of these cases, will advise you on how to proceed and precisely what civil (or criminal) acts were perpetrated against you; they will always fight for your rights.
What Are Some Immediate Steps to Take If I’m Being Sexually Harassed at Work?
Sexual harassment in the workplace is not uncommon in California, even in 2024. It can involve both women and men at their workplace and managers, coworkers, clients, and even customers.
Also, you should keep in mind that the victim doesn’t have to be the intended target of the harassment but could be anyone affected by this offensive conduct of a sexual nature.
If you feel (or know) you are being sexually harassed, even for the first time, there are steps you should take immediately, such as;
- Fully document the Incident as best you can – Document as much detail about the incident as possible. Write things down immediately after every incident. Include details such as dates, times, locations, what the incident involved and any witnesses present. Permanently save emails, texts, etc., as this information is critical for a formal complaint or legal action you and your lawyer may take.
- Fully understand your employer’s sexual harassment policy and follow it – Usually, all companies (of any size at all) have a sexual harassment policy that’s outlined in detail. Use these procedures to report your sexual harassment, as they will help you understand your rights and your employer’s obligations.
- Aways report the sexual harassment incident – You could report it to a supervisor, human resources personnel, etc., according to your company’s written policy.
- Always report these incidents in writing – This is critical so that the report is formally drafted and there is a formal and legal record of your complaint.
Once the incident is reported, your employer should take immediate action and do an investigation. Follow up on the investigation and its timeline so that you and your lawyer know what to expect and what’s being done.
Additionally, if your work environment is or becomes intolerable, always get the advice of a qualified and experienced sexual harassment lawyer and consider all your legal options. But always note that you never must leave your current job, and you have legal rights protecting you in your current workplace.
Your sexual harassment lawyer will help you navigate the process, negotiate for you, and represent you in court.
What Shouldn’t I Do If I’m Being Sexually Harassed at Work?
When you’re dealing with sexual harassment in the workplace, it can be very stressful and legally challenging to process; it’s easy for you to become overwhelmed.
Every case of this type differs, and there’s no “comprehensive” list of how you should cope with unwanted sexual behavior at work.
However, there are some common examples of what you should not do if you’re the victim, such as;
- Never blame yourself or feel you caused this to occur!
- Never ignore or make light of the situation.
- Never attempt to retaliate or confront your harasser by yourself.
- Don’t take drastic measures, such as quitting, before you obtain legal advice.
- Never hesitate to report the incident.
- Don’t sign any documents without legal representation, etc.
When you’re sexually harassed, you may want to strike back instinctively and rapidly; this is never in your best interests. By obtaining thorough, professional, and measured legal advice, you will always know the best path to follow and the most resolute and sound solution to your problem.
I Am Being Sexually Harassed at Work; How Should I Proceed?
Sexual harassment issues and the reporting of them can be an exhausting, stressful, and intimidating process. Additionally, when dealing with this process, you’re probably trying to cope with the negative psychological and physical impact these violations cause to you and possibly your family.
The highly experienced and well-versed sexual harassment lawyers at Odell Law, PLC have an extensive and winning history of successfully resolving these dire cases. Call them today at 949-771-8173 for free consultation on your unique case. They will calm your fears and fight for the peace of mind and compensation you deserve.
