Every worker deserves a workplace that is not hostile to them. Sexual harassment in the workplace is an infringement of your rights and dignity. Sexual harassment can include unwelcome comments and inappropriate advances. These can leave victims feeling powerless and unsure of what step to take. If you do not address harassment, you put yourself at risk and make the workplace unsafe for others.
We at Empower Sexual Harassment Attorneys help workers facing sexual harassment in San Diego navigate the legal process to achieve the justice they deserve. Our attorneys are experienced enough to ensure you know your rights, build a strong case, and hold the perpetrators accountable.
What Sexual Harassment Entails: Who, Where, When, And Why
Sexual harassment is a violation of professional and personal boundaries and is defined legally under Title VII of the Civil Rights Act of 1964. It is the unwelcome verbal or physical conduct of a sexual nature if such conduct unreasonably interferes with, denies, or limits an individual’s ability to participate in or benefit from work or a particular activity. In acting out these behaviors, they take away the sense of safety and respect that every workplace should give and deprive an individual of their ability to work.
Harassment can be in many forms, for example:
- A supervisor demanding sexual favors in exchange for a promotion.
- A colleague making unwanted advances.
- Inappropriate jokes, demeaning comments about gender identity.
- Showing sexually suggestive materials.
Even isolated incidents can be severe enough to meet the legal definition if they interfere with your ability to work or impact your well-being.
Most sexual harassment is categorized under two types as per the law, including:
- Quid pro quo harassment. This involves a power imbalance, where job benefits like raises or promotions are conditioned on compliance with sexual demands.
- Hostile work environment harassment. This occurs when there is pervasive or severe behavior that makes the workplace intolerable.
These two categories define the scope of what is included within these categories and that none of these actions should be trivialized or ignored.
Sexual harassment is not just about words or physical acts. The effect of these acts could have a toll on your emotional and professional life. Sexual harassment erodes trust, productivity, and morale and leaves lasting scars far beyond the office walls.
Who Can Be Involved?
Harassment can happen at any time, whether at work, during work events, inside or outside the office, and even online via emails, texts, or social media.
Sexual harassment is not limited to gender, role, or status in a workplace. It is not exclusive to any particular kind of person or place. Harassment arises in any place where power dynamics, prejudice, or a lack of professional decorum flourish. Knowing who can be involved helps you to understand how pervasive it is and how much vigilance is needed.
Anyone, from a supervisor or manager to a colleague and even a client or customer, can be a perpetrator of sexual harassment. Oftentimes, leaders use their authority to bully or manipulate. However, harassment does not only happen at the top of the hierarchy. Just as harmful, and just as difficult to tackle, is peer-to-peer harassment, especially in environments that have weak reporting systems.
Victims are diverse, for example, a full-time employee or an independent contractor. Anyone could be a target. Even as a bystander who witnesses inappropriate conduct, you might be affected indirectly. Harassment does not happen in a vacuum, and its repercussions are far-reaching, so much so that it is important to address incidents even if you are not directly involved.
Harassment can happen anywhere, for example, inside the office, at work-sponsored events, or even in a virtual space. Harassment is increasingly being used as a tool in emails, text messages, and social media platforms, and its reach is becoming ever more expansive beyond traditional workplace boundaries.
Why Does Sexual Harassment Happen?
Sexual harassment is the product of many things, such as power, bias, and societal norms. It is often at a core an imbalance of authority, where one person uses their position over another to their advantage. Coercion, manipulation, intimidation, or abuse of power can lead to abuse of power that is so powerful that victims cannot resist or report the behavior.
Harassment is also based on cultural biases and harmful stereotypes. A work culture that enables inappropriate behavior stems from persistent gender norms that assign men dominance and women subservience or do not recognize binary identities. Over time, these stereotypes can become normalized while also discouraging victims from coming forward.
Sexual harassment is never the victim’s fault, though power and bias are important factors. It is entirely the result of the perpetrator’s choices and mindset. Harassers sometimes feel impunity because enforcement of workplace policies is often weak, or victims and witnesses will fear retaliation. It helps perpetuate the cycle of abuse through this sense of invulnerability.
Harassment is not always premeditated or even malicious intent. That can happen sometimes because of ignorance, because you do not know, or because you were not taught how to work within the appropriate boundaries of the workplace. However, ignorance is no excuse. It is just as much an employer’s and employee’s responsibility to raise awareness, ensure zero-tolerance policies, and create a culture of respect for everyone.
You can assist in dismantling these conditions that allow harassment to thrive by addressing the root causes like power imbalances, cultural biases, and insufficient accountability. Collective effort is needed to solve the problem, but with vigilance and commitment, the workplace can be a safer, more inclusive space for everyone.
What To Do When Sexual Harassment Occurs
Sexual harassment is a scary and lonely thing, but you are not impotent. Decisive and informed steps to address the situation can help protect your rights and start the process of resolution. Knowing what to do is important, and each step you take moves you closer to clarity and justice.
Speak Up
It can be intimidating to confront the person who’s harassed you, but your voice is a powerful thing to use to address that behavior. If you know you are safe, then speak up to the harasser and let them know that their behavior is unwanted and unacceptable.
Saying things clearly and firmly makes no room for misunderstanding. Something like, “I don’t find your comments comfortable, and they need to stop right now,” is equally effective.
Speaking up can sometimes stop harassment in its tracks, as the perpetrator may not have realized the full extent of the behavior or may have thought it would go unnoticed. However, remember that even this approach is suitable if you are safe. Speaking up shows courage and also sets a boundary, which is often the first step to taking back control of the situation.
If you feel unsafe speaking to the harasser directly or that it could escalate the situation, consider reporting the behavior to a trusted supervisor or human resources HR representative.
Document Everything
In the case of sexual harassment, create a detailed record of each incident. If the situation escalates or needs to be investigated formally, this will be your evidence. First of all, write every detail of the harassment as soon as it happens because you remember it. Write the date, time, and place, and describe the behavior, as well as any witnesses who were present. These records need to be accurate because they could later be used as evidence for your claims.
Also, you want to gather supporting evidence like emails, text messages, or other communications that show the harasser’s actions. Writing down a casual comment or inappropriate remark gives credibility to your account and provides a better picture of the offender’s behavior. Whether it is tangible or anecdotal, evidence makes it easier for you to prove your case and gives investigators the things they need to act swiftly.
Your documentation needs to be stored in a safe and private space. Do not store sensitive records on your work computer or somewhere that someone else could look at them without your permission. If you do not want to use personal cloud storage, perhaps it is best to keep physical records in a safe place at home. Evidence preservation guarantees your records remain confidential and under your control.
Documenting incidents may seem like too much work, but it will serve you in the long run. These records are mandatory for the success of protecting your rights and ensuring that others are held accountable.
Save Evidence
There is no way to address the issue of sexual harassment without preserving evidence of it. Emails, text messages, photographs, and other communications can provide tangible evidence. While verbal accounts may be disputed or downplayed, tangible evidence can speak volumes. If the harassment is in writing, take screenshots or save the messages right away. Casual remarks and seemingly minor comments all have the potential to become major pieces of evidence when there is a pattern of behavior.
Make sure you keep any evidence you collect safely and out of your work environment. Recording records on your personal phone, computer, or a cloud-based service will ensure that you can access them when you need them and stay secure from unwanted access. Keep physical evidence such as notes or printed materials in a safe place that you can retrieve yourself.
That emotional toll of harassment makes this process overwhelming. However, being able to hold onto evidence is good because it makes it stronger and gives you something to back up a legal or workplace investigation with. By saving these materials, you are doing an important thing to protect your rights and to make sure that the harasser’s behavior cannot be waved away or ignored so easily.
Review Your Employer’s Policies
A key first step in handling your response to workplace harassment is to understand your company’s policies on it. Employers usually spell out how sexual harassment should be dealt with in employee handbooks or company policy documents. These guidelines can tell you the following:
- What to do if you had an incident.
- Where to report it.
- What the investigative process is
- What protections do you have as an employee.
First, review these policies to know the scope of your employer’s responsibility. Does the company have a clear anti-harassment policy? Who is in charge of complaints, and what departments are they? Search for language that guarantees confidentiality and protection against retaliation because these are crucial things for you to feel safe to come forward.
If your company’s policies are vague or out of date, this can be frustrating. However, knowing what is there or not will put you in a better position to take the next steps. Without sufficient internal procedures, external options may include filing a complaint with legal or governmental entities.
Seek Legal Advice
If you find yourself being harassed sexually, consulting with a knowledgeable attorney is a crucial first step in protecting your rights and fighting for justice. With a sexual harassment attorney, you can maneuver the California justice system. They also offer specific advice that fits your situation.
Your lawyer can advise you as to whether the harassment you have suffered counts as a claim under federal or state law. They can also assist you in knowing your rights, for example, protecting you from retaliation or wrongful termination after you report harassment. You will learn with their expertise what remedies are available, including possible compensation for emotional distress or lost wages.
In addition, your attorney can also act as your advocate, speaking on your behalf in conversations with your employer, during investigations, or in the courtroom. With legal support, you will not have to go through this painful time alone, and every step you take is taken carefully so it will benefit your case.
Report to HR or Management
One of the first things you can do is notify your employer, especially the human resources (HR) department, about your harassment encounter. HR departments are legally required to respond promptly to harassment reports and take action to address the problem. Reporting creates a formal record of the incident, and it is a step in the process of accountability.
Before you report, make your account detailed and factual. Specify the specific incidents, including when, where, and any witnesses. You can provide supporting evidence such as emails, text messages, or recorded conversations to prove your claims and to bolster your argument.
When reporting, keep a calm demeanor even if emotions run high. While you will naturally feel a combination of anxiety and frustration, presenting your case clearly and confidently reinforces your credibility. HR managers are trained to deal with the sensitive, and their job is to mediate and enforce policies that foster a safe place to work.
File a Complaint
Your HR representative could fail or delay handling your case. In this case, you want to file a formal complaint with a government agency, such as the Equal Employment Opportunity Commission (EEOC) or the California Department for Fair Employment and Housing (DFEH). These agencies are ready to investigate such allegations, enforce anti-discrimination laws, and take corrective measures in case of violation.
However, when you decide to file a complaint, timing is of the essence. The EEOC generally requires complaints to be filed within 180 days of the incident, but if state or local laws also cover harassment, the deadline is extended to 300 days.
DFEH is one of the most accessible jurisdictions for victims in California. It allows up to three years to file a complaint. Prompt filing protects evidence and keeps the memories fresh of witnesses.
First, make a detailed statement of the harassment. Give details, including when it happened, where, and what exactly was said or done to constitute harassment. If there is supporting evidence, such as emails, messages, or witness statements, attach them. It is often possible to file a complaint online, by mail, or in person, depending on the agency’s procedure.
Find Support
Sexual harassment can be injurious and lonely, but you should seek support to help you maintain your emotional and mental well-being. Unfortunately, these kinds of experiences often come with a deluge of emotions like anger, fear, shame, or confusion. These emotions are hard to process at a go. Talking to others about what you are going through can help you feel comforted and more in the know at a time that is so challenging.
If you have friends or colleagues who know the workings of your workplace or the seriousness of the situation, they can also help you out. They can also be sounding boards to help you decide whether to confront the harasser, report the behavior, or take legal action. Having someone to confide in can help you carry the weight of the situation a little easier.
And therapists bring their professional expertise to your healing process. Talking with a licensed mental health professional gives you a chance to explore how you feel in a safe, judgment-free space. There is a therapy that will help you learn how to cope with stress and anxiety, rebuild your confidence, and regain a sense of control over your life. Workplace trauma or discrimination issues therapists can also be trained to help you better understand how harassment affects your psyche and offer you some tailored strategies to take forward.
Another layer of connection is support groups, both online and in person. Here, you will meet other people who have been through similar things, creating a feeling of solidarity and shared resilience. Their stories might give you things to listen to that you have not heard before or validate what you were feeling in a way that makes you feel more healed.
Steps To Prevent Sexual Harassment at the Workplace
Being an employer, you have the heavy responsibility to create a workspace where respect and dignity are the norm. Sexual harassment is a legal requirement and also a moral obligation to safeguard your employees and create a conducive work environment. To achieve this, however, there are proactive measures that will educate, empower, and enforce accountability across your organization.
- Implementing Clear Anti-Harassment Policies
A well-articulated anti-harassment policy is the foundation of sexual harassment prevention. It should be precise when defining what is unacceptable behavior. This must contain examples of prohibited conduct, verbal, physical, or digital, and make clear that your organization will have zero tolerance. Anti-harassment policies are a promise to you and your colleagues that you will not stand for harassment under your watch.
- Educating employees about what constitutes harassment
It is equally important to educate your team. Harassment is something that must be understood by every employee, from entry-level to top executives, on what constitutes harassment, why it is bad, and why it undermines workplace harmony. Regular training sessions provide your workforce with the tools to see inappropriate behavior and challenge it. In these sessions, consent, boundaries, and the power dynamics that are often a part of harassment cases need to be emphasized.
- Establishing Accessible Reporting Processes
Accessible and transparent reporting mechanisms help establish that you are committed to handling harassment effectively. They have to feel they can report incidents without fear of retaliation and anonymously. Multiple ways to report, such as anonymous hotlines, direct access to human resources, or online platforms, help to make sure that everyone feels safe to come forward. It is also essential to be transparent about how complaints are handled, as it creates trust and shows you care about fair treatment.
- Responding Swiftly And Fairly To Complaints
Prevention is finally brought to action in your response to complaints. Swift, thorough, and impartial investigation of reported incidents sends a strong message that harassment will not be tolerated. If perpetrators are held accountable, there is justice for the victim, and it deters others from committing similar acts. If you have consistency in how complaints are addressed, it’s more credible to your policy, and it reassures your employees that their voices matter.
Find a San Diego Sexual Harassment Attorney Near Me
Sexual harassment degrades the dignity and safety of the workplace. Harassment includes verbal, physical, or written actions that disrupt a person’s ability to work and create a hostile environment. If you are a victim, you need to contact a lawyer. They could give you expert legal guidance to understand your rights, document evidence, and pursue justice.
If you are in San Diego, contact Empower Sexual Harassment Attorneys for a free and confidential consultation. When you work with our experienced team, you will build a strong case, hold people accountable, and make your workplace safer. If you need to start your journey toward justice, call us now at 619-800-7245.
