Survivors of sexual harassment, especially in the workplace, understand how confusing, terrifying, and isolating an experience it can be. As an employee in California, you are protected by some of the strongest anti-harassment laws in the nation, but pursuing justice on your own can be difficult. Trust in the Los Angeles sexual harassment attorneys at Sparrow Law Group to help you through the process, ensuring that your story is heard and your rights are protected.
Collect Evidence on Your Workplace Sexual Harassment
The success of your claim hinges upon gathering evidence of your workplace sexual harassment. Before you file a formal report, make sure you take down a detailed record of everything you have gone through. Be sure to include details such as:
- Dates, times, locations, and specific words or actions committed by the harasser
- Names and job titles of anyone who overheard or saw the harassment take place
- Detail how you reacted and what you did immediately after the incident
- Gather any emails, texts, or performance reviews
- Make sure to obtain a copy of your employer’s anti-harassment policy
Keep all of this in a secure location outside of your work email or office to prevent anyone from accessing or destroying evidence proving their guilt. If you need help gathering evidence, contact a sexual harassment lawyer to get help understanding what could help your case.
Report Harassment to Your Employer
California law generally requires employers to intervene and take reasonable action to prevent and correct sexual harassment. Holding your employer accountable is important, even if it can be intimidating. Begin by reviewing your company’s sexual harassment reporting policy and who you need to report to.
Even if you report the incident verbally, always follow up with a detailed written email or note to your manager or human resources team. This creates an undeniable record that the company was informed of the harassment.
Once notified, it is your employer’s responsibility to conduct a prompt and thorough investigation. Cooperate with whoever is investigating the incident, but understand their focus is on protecting the company, not you. They may not even disclose the findings of their investigation, as they are generally not legally required to.
File a Formal Complaint with the Government and Lawsuit
Prior to filing a lawsuit, you must submit a formal administrative complaint to the state of California. You can do this through the California Civil Rights Department (CRD). After receiving a Right-to-Sue notification from the CRD, you have one year to file a private sexual harassment lawsuit in court.
Get started as soon as possible to ensure you have the most time to collect and preserve evidence. Working with a sexual harassment lawyer from Sparrow Law Group can help you fight for the comprehensive compensation you deserve, including lost wages, damages for emotional distress, and possibly even punitive damages against your employer.
What Qualifies as Workplace Sexual Harassment?
Under the Fair Employment and Housing Act, it is illegal for an employer to harass an employee based on sex, which broadly includes gender, gender identity, gender expression, and sexual orientation. This illegal conduct is generally divided into two main categories.
Quid Pro Quo harassment is a this-for-that arrangement, where a supervisor conditions an employment benefit, like a promotion or a job, on the employee submitting to unwelcome sexual demands. A hostile work environment involves unwelcome sexual conduct that is so serious and recurring that it creates an intimidating, abusive, or offensive workplace for a reasonable person.