No one should be forced to endure a hostile work environment. When employees are subject to lewd comments, crude jokes of a sexual nature, physical conduct, unwanted sexual advances, and other forms of sexual harassment in the workplace, they can start to feel uncomfortable and intimidated in this toxic space.
Employers who allow this type of behavior to persist may be subject to legal and financial repercussions for failing to maintain a safe work environment. That’s why it is vital for employers and employees alike to understand what defines workplace sexual harassment, how to prevent it, and what actions can be taken by employees who wish to file sexual harassment claims against employers who fail to address pervasive inappropriate conduct in the workplace.
What Constitutes Workplace Sexual Harassment?
Sexual harassment can take many forms and employees have a right to a workplace free from harassing conduct of any kind. When that conduct becomes extreme enough to interfere with an employee’s job performance or creates a work environment in which one or more employees feels unsafe and afraid to come to work, it can meet the standard of a violation of state and federal law.
Some of the most common examples of workplace sexual harassment include the following:
- Quid pro quo arrangements in which employment benefits are offered in exchange for sexual favors
- Unwelcome sexual advances
- Subjected to, or the subject of, lewd jokes
- Receiving sexually explicit comments or remarks
- Sexually explicit material and inappropriate images in full view of all employees
- Retaliation from an employer or colleague in the form of employment termination or demotion as punishment for refusal of sexual advances
Legal Protections in the State of California
Under California law, employees are protected against sex discrimination and have the right not to subjected to an offensive work environment. Any employee who has experienced any form of sexual harassment may be able to bring a claim against his or her employer and the organization for which they are employed if that employer fails to act should the harassing conduct unreasonably interfere with the employee’s ability to perform his or her job duties.
The Fair Employment and Housing Act (FEHA) prohibits employers from permitting or engaging in any behaviors that constitute workplace sexual harassment. California Government Code Section 12940 prohibits California employers with five or more employees from practicing any form of discrimination and prohibits employers from initiating retaliatory action against any employee who exercises his or her rights under the law to report harassment to a human resources department or third-party regulatory or enforcement body.
If you have been a victim of sexual harassment, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) which is the main enforcement agency that enforces California employment law or the U.S. Equal Employment Opportunity Commission (EEOC).
You may also file a sexual harassment claim against your employer in the event you were unlawfully terminated, demoted, or loss benefits as the result of discriminatory or retaliatory measures on the part of your employer.
But you don’t have to go it alone, you need a sexual harassment attorney on your side who has the expertise and experience to defend your rights. The Law Office of Fahim Rahman has been fighting for employees who bring sexual harassment cases against unscrupulous employers that violate California law by intimidating and harrassing their employees.
It can be tough to prove sexual harassment took place and some employers count on an employee becoming too afraid, too embarassed, or too intimidated to speak up and assert his or her rights. That’s why it’s so important to have a sexual harassment lawyer with a proven track record in your corner.
The Law Office of Fahim Rahman is ready to make sure your employer is held accountable for his or her unlawful actions and you get the compensation you deserve.
What to Do If You Are The Victim of Sexual Harassment
If you or someone you know has experienced sexual harassment in the workplace, you need to act fast in order to address the problem, gather evidence, and present information or potential evidence should you choose to file a sexual harassment claim against your employer.
Taking the appropriate actions now can strengthen your case and prepare you for filing future complaints or claims with the appropriate authorities:
Keep a Record
Be sure to document any and all incidents of harassment, including the dates, times, specific interactions, and any witnesses who can support your claims as to what occurred.
File a Complaint
Contact the Proper Authorities
Protect Your Rights
