Sexual harassment in the workplace is a serious issue that can create a hostile work environment and harm both the victim and the broader team. In California, laws are in place to protect employees from such behavior, and understanding your rights and the legal process is essential. This article will explain how sexual harassment lawsuits work, why you should report harassment, and provide a detailed hypothetical example to illustrate the process.
What is Sexual Harassment Under California Law?
California defines sexual harassment as unwelcome behavior of a sexual nature that affects an individual’s work environment or employment. The two main types of sexual harassment are:
- Quid Pro Quo: When a superior demands sexual favors in exchange for job benefits like promotions, raises, or continued employment.
- Hostile Work Environment: When sexual behavior or comments create an intimidating or offensive workplace.
In California, Government Code Section 12940 of the Fair Employment and Housing Act (FEHA) governs sexual harassment. It makes it unlawful for employers, supervisors, and coworkers to engage in sexual harassment. Importantly, the law applies to all employers with five or more employees and covers not only direct employees but also interns and contractors.
Should You Report Sexual Harassment?
Deciding whether to report sexual harassment can be difficult. Many fear retaliation, awkwardness, or job loss. However, California law prohibits retaliation against employees who report sexual harassment. If you are facing harassment, reporting the behavior is not only a way to protect yourself but also your coworkers.
Failing to report may allow the behavior to continue unchecked, potentially leading to more severe incidents. Additionally, California law requires employers to investigate complaints and take prompt corrective action. By reporting the harassment, you not only stand up for your rights but also help your employer fulfill their legal obligation.
Legal Process of Filing a Sexual Harassment Lawsuit
If reporting the harassment internally does not resolve the issue, you may choose to file a lawsuit. Here’s how the process generally works:
- Report to HR or Supervisor: First, report the harassment to your HR department or direct supervisor. They are legally required to investigate the claim.
- File a Complaint with DFEH: If the issue is not resolved internally, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) within three years of the incident. The DFEH will investigate the claim and may offer mediation between you and the employer.
- Right to Sue Notice: If the DFEH investigation does not lead to a resolution, you can request a “Right to Sue” notice. This notice allows you to take the case to court.
- File a Lawsuit: With the “Right to Sue” notice in hand, you can file a lawsuit in a California civil court. The lawsuit may seek damages for lost wages, emotional distress, and punitive damages.
Hypothetical Example: Sexual Harassment at a Software Company
Let’s consider a detailed hypothetical example to make the process clearer.
Scenario: Jane is a software engineer at a tech company in San Francisco. She’s been working there for two years and enjoys her job. Recently, however, her team leader, Mark, has started making inappropriate comments about her appearance and regularly invites her to dinner, despite her refusals. Jane initially brushed off the comments, hoping they would stop, but Mark’s behavior escalates. During a company retreat, Mark touches her inappropriately while joking with other coworkers, making her deeply uncomfortable.
Jane’s Next Steps:
- Reporting the Harassment: Jane feels uncomfortable with Mark’s behavior, so she approaches her HR department and reports the incidents. HR assures her that they will investigate, and they interview both Jane and Mark, along with witnesses who saw the inappropriate touching.
- Employer’s Response: The company launches an internal investigation and determines that Mark’s behavior did, in fact, violate the company’s sexual harassment policies. Mark is given a written warning and required to attend a mandatory harassment training program. However, Jane still feels uncomfortable because Mark remains her supervisor.
- Filing with DFEH: Jane contacts the California DFEH to file a complaint, as she believes the company didn’t do enough to address her discomfort. The DFEH investigates and, after a few months, Jane receives a “Right to Sue” notice.
- Lawsuit: Jane hires a sexual harassment lawyer and files a lawsuit against her employer for maintaining a hostile work environment. During the trial, her attorney presents evidence of the repeated harassment and the company’s failure to separate her from Mark. The jury awards Jane damages for emotional distress and punitive damages for the company’s inadequate response.
Key Takeaways
- Protection Under the Law: California’s FEHA provides strong protections against sexual harassment. It’s critical to report any inappropriate behavior immediately.
- Don’t Fear Retaliation: The law explicitly forbids retaliation, so you should feel empowered to report harassment without fear of losing your job or other forms of retribution.
- Seek Legal Advice: If you’re unsure about how to proceed after experiencing harassment, contacting an employment attorney is a good first step to understanding your options.
Sexual harassment is a violation of your rights, and you deserve a workplace free of fear and discomfort. Reporting harassment is not just a personal choice but also a way to protect others and uphold the law.
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