Sexual harassment has become a serious problem in law enforcement departments in California. It involves unwelcome sexual behavior that creates a hostile work environment. It can also include requests for sexual favors that impact employment decisions.

Police officers strive to ensure justice and protect citizens. Therefore, they should not have to confront harassment and misconduct in the workplace. California law provides strong safeguards for officers who experience sexual harassment on the job. The Fair Employment and Housing Act (FEHA) has strict rules prohibiting workplace sexual harassment.

If you face sexual harassment at your police department, you can file a lawsuit against the perpetrator. Also, you could sue your employer for failing to protect you from harassment. Workplace sexual harassment cases in San Diego, CA, often involve complex issues. Therefore, you will need our expert legal guidance at Empower Sexual Harassment Attorneys.

Forms of Workplace Sexual Harassment at the Police Department in California

California and federal law prohibit sexual harassment at the workplace. The Fair Employment and Housing Act (FEHA) protects employees from any form of unwanted sexual behavior at work. Two types of workplace sexual harassment could affect police officers. They include the following:

Quid Pro Quo Sexual Harassment

This kind of sexual harassment occurs when a person in authority demands sexual favors in exchange for employment benefits. These benefits can include:

  • Promotions
  • Raises
  • Better work assignments
  • Continued employment.

For example, if a supervisor suggests that you will receive a promotion only if you agree to go on a date or engage in a sexual act. If you refuse and face retaliation, you could claim this type of harassment.

Only the individuals with authority at work can commit this type of harassment. They include managers, supervisors, or people with hiring and firing power. The key element for this kind of harassment is that a work-related benefit or consequence is tied to sexual conduct or favors.

Even a single instance of harassment violates California law. The law does not require a pattern of behavior. Employers are strictly liable for this kind of harassment when a supervisor commits it. That means you can hold the police department responsible even if upper management did not know about the misconduct.

Hostile Working Environment Sexual Harassment

A hostile working environment occurs when unwelcome sexual conduct makes your workplace intimidating or uncomfortable. This form of harassment can come from anyone in the workplace. Such behavior includes co-workers, clients, or even supervisors. Examples of hostile work environments at the police departments could consist of:

  • Sexual jokes or comments. Sometimes, jokes are necessary to lighten the mood in the workplace. However, if these jokes are sexual or offensive, they can constitute sexual harassment under California law.
  • Unwanted physical contact. This form of sexual harassment involves contact with another person’s body without their consent.
  • Displaying offensive material. Posting or sharing sexual images, videos, or suggestive messages in the workplace counts as sexual harassment.
  • Repeated romantic advances. Continuously asking a co-worker out on dates or making romantic comments after they have declined is a form of hostile working environment.
  • Derogatory remarks or insults. It involves the use of degrading language or spreading rumors about a person’s sexuality.

California courts consider several factors when deciding if a work environment is hostile. These include:

  • How often the behavior occurred
  • The severity of the behavior
  • The impact of sexual harassment on the victim

Effects of Workplace Sexual Harassment Against Police Officers

Sexual harassment at the workplace can have profound effects on the officers involved. It can affect a victim’s emotional well-being, job performance, and trust in the institution. Common impacts of workplace sexual harassment on police officers:

Emotional and Psychological Distress

Victims of sexual harassment at the police department may experience anxiety, depression, and post-traumatic stress. This may result from the constant fear or humiliation at work. The psychological distress could lead to sleeplessness and mood swings.

Officers may have difficulty concentrating or making decisions while on duty. The emotional weight can affect their personal and work life in the long term.

Decline in Job Performance

Workplace sexual harassment can impact a person’s concentration, motivation, and productivity. Victims of harassment at the police departments may avoid assignments or shifts that involve their harasser. The avoidance could lead to reduced efficiency and missed opportunities. The distraction also endangers teamwork and public safety.

Damaged Workplace Relationships

Harassment can create tension within the department. Victims may lose trust in their colleagues. The loss of confidence can occur when victims do not receive support after reporting the sexual harassment. Some officers may isolate themselves from their colleagues to avoid further harassment. The weakened work relationships at work can reduce morale across the team.

Negative Impact on Career Growth

In some cases, sexual harassment victims are then subsequently punished for complaining about the incident. They could be sidelined for promotions, shifts they would prefer, or special training. In some cases, they may be moved to another department. The result of this is that it discourages others from reporting the same behavior. 

Physical Health Problems

Sexual harassment can range from offensive jokes to severe sexual assault. Severe cases of sexual harassment can impact the victims’ health. The stress of prolonged harassment can also lead to headaches, fatigue, and high blood pressure. Some victims develop stress-related illnesses like ulcers or chronic pain. This can cause emotional and physical distress for officers, impacting their ability to conduct work-related duties.

Loss of Trust in the Institution

When departments do not address the sexual harassment reports appropriately, the victims can lose trust in the leadership. The officers may feel that the system protects perpetrators instead of victims. Losing trust can also damage the public’s confidence in the police.

Workplace Sexual Harassment Laws in California

California has several vital laws that protect employees from sexual harassment. These laws apply to all workplaces, including police departments and government agencies. They include:

Fair Employment and Housing Act (FEHA)

The Fair Employment and Housing Act is the primary law prohibiting workplace sexual harassment in California. It makes it illegal for anyone to harass an employee based on gender, sexual orientation, or gender identity.  FEHA applies to all employers with more than one employee.

It covers both quid pro harassment and hostile work environment harassment. FEHA mandates employers to take reasonable steps to avoid sexual harassment in their workplace.

Title VII of the Civil Rights Act of 1964

Title VII is a federal law enforced by the Equal Employment Opportunity Commission (EEOC). It prohibits sexual harassment as well as discrimination. It applies in workplaces with 15 employees or more. Title VII also applies to public employers, including law enforcement agencies. A police officer can file a claim with the EEOC if they face sexual harassment at work.

Retaliation Protection Law

California law protects employees from retaliation after reporting sexual harassment or participating in an investigation. It is illegal for an employer to fire, demote, or punish an employee for speaking up. The law ensures that victims and witnesses can come forward without fear of losing their jobs.

California Civil Rights Department (CRD)

CRD enforces the state’s anti-discrimination and harassment laws. It holds employers, employees, clients, and contractors accountable for sexual harassment. Victims of sexual harassment can submit a complaint to the California Civil Rights Department.

Role of Employees in Preventing Workplace Sexual Harassment at the Police Department

Employees within the police force have a significant role in addressing the sexual harassment at work. Every officer, civilian worker, and trainee must uphold workplace respect, safety, and integrity. You could file a lawsuit against the employer if they fail to protect you. The roles of the employer include:

Establishing Clear Policies

The first step for any police department in preventing sexual harassment is to create strong anti-harassment policies. These policies should:

  • Define sexual harassment
  • Include examples
  • State that harassment is unacceptable

The anti-harassment policy must apply to everyone, including senior officers. The policy should also explain how employees can report harassment. Every officer must receive a copy of this policy and confirm they understand it. Posting it in common areas can also ensure the message is always visible.

Promoting Awareness and Respect

Employees must understand what sexual harassment means. It includes unwanted sexual advances or conduct that creates an unfavorable work environment. Awareness of these behaviors helps the employer identify and stop them early.

Also, the employers must promote respect in daily interactions. They should ensure that all officers use professional language and avoid offensive remarks. Harassment is less likely to occur when respect becomes part of the workplace culture.

Leading by Example

Supervisors and senior officers should demonstrate professionalism and respect in all interactions. Their conduct influences the entire team. Therefore, other employees will follow when the leaders uphold high ethical standards. Employers can also lead by correcting inappropriate behavior when they see it. Speaking up or reminding a colleague about proper conduct helps maintain discipline.

Having Clear Reporting Channels

Although the Fair Employment and Housing Act prohibits all forms of sexual harassment, the issue remains a concern in the workplace. Employers can prevent harassment at the police department by creating clear reporting channels. Also, they should educate employees on the right ways to report harassment.

Police departments in California should maintain multiple, confidential reporting options. These could include reporting to:

  • Direct supervisors
  • Human resources
  • Internal affairs divisions.

Employers should encourage employees to look into these reporting options without fear of retaliation. Transparency in the process of filing a harassment complaint can build trust within a workplace. It also guarantees that every complaint will be dealt with fairly.

Addressing Sexual Harassment Reports Properly

California Government Code Section 12940 requires employers to take immediate and appropriate action when harassment occurs. When an officer makes a sexual harassment report, the employer should address its seriousness. Supervisors who receive complaints must also act promptly to resolve the matter. They should forward the report through official channels.

Police departments should investigate all claims and ensure fair treatment for everyone involved. Failure to do so can make the employer legally responsible for the harm caused. Employees can help by cooperating and providing the necessary information. Handling reports properly strengthens workplace integrity. Additionally, it shows the lack of tolerance to harassment.

Participating in Training and Prevention Programs

Under Senate Bill 1343, California employers with five or more employees must provide regular sexual harassment prevention training. Supervisors must complete at least two hours of training every two years. Supervisors receive additional training because they are often the first point of contact for complaints. They should learn to handle reports professionally, maintain confidentiality, and avoid retaliation.

On the other hand, employees must complete one hour of training. Training sessions teach employees how to identify harassment and respond to sexual harassment. Police departments must also comply with this law. These programs reinforce accountability and help prevent misconduct.

Filing a Workplace Sexual Harassment Claim for Police Officers in California

California law protects public employees, including police officers, under the FEHA. If you fall victim to this type of harassment, you could file a claim through the following steps:

Document the Harassment

The initial action you want to take is to gather documentation of the harassment. You want to make detailed accounts of the incidents, to include:

  • What exactly happened
  • When it happened
  • Where it happened
  • Who was involved

You can also save emails, text messages, or photographs documenting the harassment. If coworkers observed it, you can note their names. The documentation documents the behavior and helps to establish that it qualifies as harmful behavior.

Report the Sexual Harassment Internally

Before you file a lawsuit, you should report the sexual harassment to the department. Most California police departments have a written policy for handling sexual harassment complaints. You could report the issue to a supervisor or the Human Resources division.

If your supervisor is part of the incident, you could report the incident to someone higher up in the chain of command. Departments must investigate the complaint quickly and confidentially. You should keep at least one copy of your written complaint and the response you receive from your employer. These records will help prove that you followed the department’s procedures.

Seek Legal Representation

Filing a sexual harassment lawsuit can be intimidating for police officers who work in close-knit departments. Hiring an experienced California sexual harassment lawyer can help protect your rights.

A lawyer will help gather evidence and ensure you meet legal deadlines. Also, they will represent you in all proceedings. Many employment attorneys work on a contingency basis. This means you can pay them with the proceeds from your case.

File a CRD Complaint

If the department does not act or the harassment continues, you could file a formal claim with the CRD. This agency enforces the state’s sexual harassment laws under FEHA. You should file the claim within 3 years. You can file online through the CRD’s website or by mail. After receiving your complaint, the CRD can:

  • Investigate the allegations
  • Contact your employer for a response
  • Offer mediation between you and the department

The California Civil Rights Department (CRD) often helps mediate these resolutions before a case goes to court. Many harassment cases are resolved through settlement. In these cases, the department may agree to pay compensation or restore the officer’s position. Settlements can also include confidentiality clauses to protect your privacy.

If mediation fails or the investigation finds cause, the CRD may file a lawsuit for you. Alternatively, they will issue you with a Right-to-Sue. It allows you to file a civil case in court. You cannot immediately file a lawsuit in court.

The document confirms that you have exhausted administrative remedies. After receiving the notice, you have one year to pursue the lawsuit in state or federal court. Missing this deadline can prevent you from moving forward with your claim.

File a Civil Lawsuit

Your attorney can file a civil lawsuit against your employer or the harasser. The lawsuit will indicate the harassment incidents and the losses you suffered. Additionally, it can show your employer’s response to our harassment report.

Before the hearing, your lawyer may gather additional evidence through discovery. The evidence can include interviews, emails, and internal records. When you file a civil lawsuit, a judge will determine the amount you deserve as compensation.

Compensation Benefits for Workplace Sexual Harassment

Police officers who experience sexual harassment in the workplace have the right to seek compensation. This could include filing a claim with CRD or FEHA and obtaining the right to sue. You can then file the lawsuit against the harasser in court. You could receive compensation in a successful lawsuit. The benefits aim to restore lost income, repair emotional harm, and hold the department accountable. They include:

Economic Compensation

Economic damages cover the financial losses that result from the harassment. For police officers, the monetary damages may include:

  • Lost wages. Sexual harassment can cause you to miss workdays, face suspension, or go on forced leave. In this case, you could claim compensation for the lost time.
  • Missed promotions or transfers. You could claim compensation for the missed opportunity if you are denied advancement or favorable assignments due to harassment or retaliation.
  • Future lost income. Sometimes, sexual harassment can impact your long-term career prospects. In a successful lawsuit, the court can order payment for future earnings.
  • Medical expenses. Sexual harassment may lead to both emotional and physical difficulties. Thus, you can recover compensation for therapy, counseling, and other treatment.

Non-Economic Compensation

Sexual harassment causes deep emotional and psychological harm. Non-economic damages compensate for the pain and suffering that cannot be quantified financially. You may experience depression, anxiety, or humiliation after suffering sexual harassment at the workplace. Working in a hostile environment can also affect your job performance.

The courts recognize these harms and grant damages for emotional distress. The level of harassment or trauma you underwent would play a role in the recovery of non-economic damages. If you are pursuing a claim for non-economic damages, you might require witness testimonies from:

  • Mental health professionals
  • Family members
  • Coworkers

These testimonies show how your life has changed since the harassment, which supports your claim.

Punitive Damages

In extreme cases of workplace sexual harassment, the court can order punitive damages. Punitive damages do not aim to make up for your losses. Instead, they punish your employer or individuals who acted maliciously or recklessly.

For example, if a police department ignored your reports, the court can award these damages. In addition to punishing the offenders, punitive damages deter similar conduct in the future.

Attorney’s Fees and Legal Costs

Under California law, when a person brings a sexual harassment claim, the party can be reimbursed for attorney’s fees. This allows officers to seek legal aid without concern for initial costs. The department may also pay for the following:

  • Court fees
  • Expert witness costs
  • Additional legal expenses associated with the lawsuit

Injunctive Relief and Policy Changes

Courts can order more than financial compensation after a sexual harassment lawsuit. They can require the police department to engage in the following acts:

  • Revise the sexual harassment policies
  • Conduct new employee training
  • Discipline or remove the harasser
  • Establish better reporting and protection systems

These remedies help prevent similar misconduct in the future. Additionally, they promote a safer work environment for all officers.

Find a Competent Sexual Harassment Attorney Near Me

Sexual harassment has become a significant concern in workplaces, including police departments. Sexual harassment can impact an officer’s well-being and productivity at work. FEHA and Title VII legal protections give officers the power to act.

If you have suffered sexual harassment that occurs at your work, you could file a claim with FEHA. FEHA may grant you the right to sue after evaluating your case. This allows you to pursue the lawsuit against the perpetrator of the harassment or your employer. If your lawsuit is successful, you could recover compensation for economic and non-economic damages from the incident.

At Empower Sexual Harassment Attorneys, we understand the impact that sexual harassment can have on your career, life, and well-being. We will offer the top-notch legal guidance you need to pursue your sexual harassment lawsuit in San Diego, CA, and secure a favorable outcome. Call us today at 619-604-3027 for much-needed assistance.