Workplace harassment is a deeply upsetting and distressing experience that no one should ever have to endure. If you find yourself in a situation where you are dealing with workplace harassment in California, it can be difficult to know where to turn for help or how to understand your rights. The feelings of confusion and worry that arise during such a case are completely normal, and it is important to know that you are not alone.
As you navigate this challenging time, it’s important to remember that you have legal rights, and there are legal steps you can take to protect yourself and pursue justice. At our law firm, we are empathetic toward what you’re going through, and we want you to feel supported throughout this journey. We are here to guide you through the process, ensuring that you understand the steps to take to achieve the best possible outcome for your case.
What is Workplace Harassment?
Workplace harassment is any unwelcome behavior that creates a hostile, intimidating, or offensive work environment. In California, workplace harassment can take many forms. It may involve verbal abuse, physical intimidation, unwanted sexual advances, offensive jokes, or any conduct that demeans or humiliates a person based on their race, gender, age, disability, religion, or other protected characteristics.
Under both state and federal law, harassment is illegal if it becomes severe or pervasive enough to create a hostile work environment. This means that isolated incidents might not qualify as harassment, but when these incidents happen repeatedly or are serious enough to disrupt your ability to work, they may be grounds for a harassment claim.
In California, employers are legally required to maintain a safe and respectful work environment. If they fail to take appropriate action against harassment, they may be held liable for damages caused by their negligence.
Your Rights Under California Law
California has some of the strongest protections against workplace harassment in the United States. Both state and federal laws protect workers from being harassed based on various characteristics, including race, gender, sexual orientation, age, and disability.
One of the most important protections comes from the California Fair Employment and Housing Act (FEHA). This law makes it illegal for an employer to allow harassment to occur in the workplace. It applies to all employees, regardless of whether they are full-time, part-time, or temporary. The FEHA also provides protection against harassment by anyone in the workplace, including supervisors, co-workers, or even clients and customers.
The law requires employers to take immediate action to investigate and address complaints of harassment. If the harassment is not addressed or if the employee faces retaliation for reporting it, the employer could be held responsible. In addition to FEHA, the federal Title VII of the Civil Rights Act of 1964 also offers protection against harassment based on race, color, religion, sex, and national origin.
As an employee, you have the right to report harassment without fear of retaliation. If you experience retaliation, such as being demoted, fired, or subjected to other negative actions after reporting harassment, you may have a separate legal claim for retaliation.
Steps to Take If You Are Being Harassed
If you are experiencing harassment in the workplace, it’s important to take specific steps to protect yourself and preserve your rights.
Start by documenting the harassment. Keep detailed records of any harassment you experience. Write down the date, time, and description of each incident. Include information about the individuals involved and whether there were any witnesses. This documentation will be critical if you decide to pursue a legal claim.
Report the harassment to your employer. Employers are legally obligated to address harassment when it is brought to their attention. It’s important to report the harassment to your supervisor or human resources department as soon as possible. Make sure to put your complaint in writing and keep a copy for your records. If your employer does not take action or if you face retaliation, you may need to take further legal steps.
File a complaint with the appropriate agency. In California, you can file a complaint with the Department of Fair Employment and Housing (DFEH). The DFEH is responsible for investigating workplace harassment claims. You may need to file a complaint with the DFEH before you can file a lawsuit in court. Keep in mind that you have a limited amount of time to file a claim, so it’s important to act quickly.
Consult with a legal professional. Workplace harassment cases can be complicated, and the legal process may be overwhelming. A legal professional can help you understand your rights and options. They can also guide you through the process of filing a complaint, gathering evidence, and determining whether you have a strong case.
What to Expect in a Workplace Harassment Case
If you decide to pursue a legal claim for workplace harassment, there are several stages to the process. The exact steps will vary depending on the specifics of your case, but generally, the process involves the following:
After you file a complaint with the DFEH or another relevant agency, the agency will conduct an investigation. They may interview you, the accused harasser, and any potential witnesses. They may also review documents or evidence related to the case.
Many harassment cases are resolved through mediation or settlement. This allows both parties to reach a mutually agreeable resolution without going to court. If a settlement is reached, you may receive financial compensation or other remedies, such as a change in the workplace environment or policies.
If mediation or settlement is not successful, your case may proceed to litigation. This means you will file a lawsuit in court, and a judge or jury will determine whether the harassment occurred and what damages you should be awarded.
If you are successful in your workplace harassment case, you may be entitled to damages. These damages can include compensation for lost wages, emotional distress, attorney’s fees, and other related expenses. In some cases, punitive damages may also be awarded to punish the employer for their actions.
How Our Firm Can Help
At The Myers Law Group, we understand the pain and frustration that comes with workplace harassment. We know that this situation can cause you emotional, financial, and professional distress, and we are here to help. Our team has extensive experience handling workplace harassment cases in California, and we are committed to providing compassionate and diligent representation.
If you have been harassed at work, we can help you navigate the legal process and work toward a resolution that protects your rights. Our goal is to ensure that your case is handled with the care and attention it deserves so that you can move forward with peace of mind.
If you are facing workplace harassment, don’t hesitate to contact us for a consultation. We will listen to your concerns, help you understand your rights, and guide you through every step of the process to achieve a successful outcome. You don’t have to go through this alone—let us help you fight for the justice you deserve. Let us help you protect your rights and find a resolution. You deserve justice.