Sexual harassment in the workplace is an unfortunate and common occurrence that violates anti-discrimination laws when it creates hostile work environments.
If you believe you have been sexually harassed at work, it is important to know your rights and the proper steps to take in reporting the harassment.
This article provides an overview of laws prohibiting sexual harassment and practical guidance on how to file formal complaints if needed.
What Constitutes Sexual Harassment at Work?
Under federal law, specifically Title VII of the Civil Rights Act of 1964, sexual harassment is considered a form of sex discrimination. It includes unwanted sexual advances, requests for favors, and other sexually suggestive words or actions that include:
- Explicitly or implicitly affects your employment
- Unreasonably interferes with your work performance
- Creates a workplace that is frightening, unpleasant, or offensive
Sexual harassment generally falls into two categories:
Quid Pro Quo Harassment
This type of sexual harassment involves someone at work propositioning you for sexual activity in exchange for employment benefits like getting hired, promoted, or avoiding termination.
For example, your supervisor promises you a raise if you go on a date with them. Or a co-worker implies you’ll be fired if you don’t have sex with them. Even subtle hints or implications can constitute quid pro quo harassment.
Hostile Work Environment
This refers to unwanted conduct that is so severe or widespread as to change the terms of your employment and foster an abusive workplace. This could include:
- Repeated sexual comments, jokes, or gestures
- Displaying lewd photos, posters, or materials
- Making sexual remarks about your appearance
- Unwanted touching, groping, or sexual assault
Even a single serious incident could create a hostile environment if it is deemed severe enough.
What Should You Do If Sexually Harassed at Work?
If you believe you are being sexually harassed, here are some steps to take:
Document the incidents
Keep a detailed record of each incident, including date, time, location, people involved, what happened, and any witnesses. This can be crucial evidence if you decide to report the harassment.
Tell the Harasser to Stop
If you feel comfortable doing so, have a conversation with the harasser directly. Calmly explain that their behavior makes you uncomfortable and ask them to stop. Only confront them directly if you think it will be safe – otherwise, skip this step.
Even if the harassment doesn’t stop, voicing your objections helps establish that the conduct was unwelcome. Document the conversation afterward, including the date, time, and what was said.
Reporting to Your Employer
Follow your employer’s sexual harassment policy to officially report the harassment. This usually involves notifying your direct supervisor, HR department, or both.
Provide written documentation of all incidents of harassment with dates, times, locations, names of witnesses, and details of what happened. Ask for written confirmation that your complaint was received and filed. Keep copies of all reports and communications.
Consult a Lawyer
Schedule a consultation with an employment rights lawyer or sexual harassment attorney. They can instruct you on your rights and options based on the laws in your state. An attorney can also represent you if the harassment continues or if you face retaliation.
Filing a Charge with the EEOC
If your employer does not resolve your harassment complaint adequately, the next step is to file a charge with the Equal Employment Opportunity Commission (EEOC). Charges must be filed within 180 days of the harassment under federal law or within 300 days under California law.
You can file a complaint online or by phone or mail. The EEOC will investigate your allegations and may arrange a settlement or file a lawsuit on your behalf. You are entitled to a free copy of the complaint from the EEOC.
Workers in California have the option to report instances of sexual harassment to the state’s civil rights enforcement agency, the California Department of Fair Employment and Housing.
Practice Self-Care
Don’t neglect your mental and physical health during this stressful time. Make time for therapy, exercising, relaxing activities, and leaning on your support system. Joining a support group can also help you feel less alone.
Your Legal Protections Against Sexual Harassment
Federal Law
Title VII of the Civil Rights Act prohibits sexual harassment for employers with 15 or more employees. This law is enforced by the EEOC.
If you have experienced sexual harassment, you can file a charge with the EEOC. Charges must be filed within 180 days of the harassment. If a state or local agency enforces a similar law, you have 300 days to file.
If the EEOC determines harassment occurred, you may be able to get compensatory damages or back pay. You can also receive a Right to Sue letter to pursue civil action.
California State Law
California has robust state laws that shield employees from discrimination and sexual harassment in addition to federal law. Key laws include:
- Fair Employment and Housing Act (FEHA) – Prohibits harassment and discrimination based on sex, gender, and other protected classes. Applies to all employers with 5 or more workers.
- California Family Rights Act (CFRA) – Provides up to 12 weeks job-protected leave to address sexual harassment or assault. Applies to employers with 50 or more workers.
If you experience sexual harassment in California, you can file a complaint with the California Civil Rights Department (CRD) within three years of the harassment.
You may be able to recover financial damages and get the harassment to stop. You can ask for a information of right to sue if the CRD does not act on your claim.
Retaliation Is Also Prohibited
It is illegal under federal and California law for employers to retaliate against employees who report sexual harassment or assist with investigations. Protected activities can include filing EEOC charges, complaining to supervisors, participating in proceedings, or simply telling a harasser to stop.
If you experience retaliation for speaking up about workplace sexual harassment, such as demotion, firing, threats, or unwarranted criticism, notify the EEOC or state agency immediately. You can file a new retaliation charge or amend your existing complaint.
Don’t Suffer in Silence – Make the Harassment Stop
The emotional and professional toll of workplace sexual harassment can be significant. But you have legal options to make it stop. Don’t suffer in silence or let inappropriate behavior continue. Consult trusted resources like supervisors, HR, government agencies, or legal counsel to reclaim your right to a safe, discrimination-free work environment.
Malk Law Firm in Los Angeles has extensive experience representing employees facing issues like sexual harassment and discrimination under California and federal employment laws. They will listen to your situation and advise you on the best path forward. Contact them today for a case review.
