Sexual harassment is a serious issue that affects millions of workers across the country, including California. Understanding your rights and options is essential if you experience this type of misconduct. what constitutes sexual harassment in California, the steps you can take if you’ve been harassed, and who can be held accountable.
What Qualifies as Sexual Harassment in California?
California law defines sexual harassment as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment. This can include but is not limited to:
- Physical harassment: Unwanted touching, groping, kissing, or assault
- Verbal harassment: Sexual jokes, comments, or insults
- Visual harassment: Displaying sexually suggestive images or objects
Quid pro quo harassment: Demanding sexual favors in exchange for job benefits or avoiding negative consequences
What Can I Do If I’ve Been Sexually Harassed?
If you’ve experienced sexual harassment, it’s crucial to take action. Here are some steps you can take:
- Document the Harassment: Keep a detailed record of incidents, including dates, times, locations, and harassment descriptions. This documentation will be essential if you decide to file a complaint.
- Report the Harassment: Inform your employer about the harassment immediately. Many companies have specific procedures for reporting sexual harassment, such as a human resources department or an internal complaint process.
- Seek Support: Talk to a trusted friend, family member, or counselor about what you’re going through. Seeking support can help you cope with the emotional impact of the harassment.
- Consider Legal Action: If your employer fails to address the harassment or is severe, you may consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or pursuing legal action.
Who Can Be Held Accountable for Sexually Harassing Me?
Both the harasser and the employer can be held accountable for sexual harassment. Under California law, employers are responsible for preventing and correcting sexual harassment in the workplace. If an employer knew or should have known about the harassment and failed to take appropriate action, they can be held liable.
FAQs
While it's generally best to provide your name and contact information when filing a complaint, some agencies may allow anonymous complaints.
California law prohibits retaliation against employees who report sexual harassment. If you believe you're experiencing retaliation, you should document the incidents and report them to your employer or appropriate agency.
The statute of limitations for filing a sexual harassment complaint in California varies depending on the type of claim. It's essential to consult with an attorney to determine the applicable deadline for your case.
ICONIER Digital Agency