You could find yourself in distressing situations involving discrimination or sexual harassment at your workplace, whether you are a building contractor or construction worker. These situations can occur when dealing with small business owners or large corporations.Sexual harassment can lead to uncomfortable and potentially insecure circumstances. You can face harassment from different people, including a fellow contractor, a coworker, a construction site manager, an employer, or even a vendor. Sexual harassment can be complicated and daunting to navigate alone.

You should seek the services of an experienced sexual harassment attorney to help address these challenges. If you are a victim of harassment in San Diego, CA, our attorneys at Empower Sexual Harassment Attorneys can help. We can help you file a sexual harassment lawsuit to seek compensation for your damages.

Sexual Harassment Under California Law

Under California law, sexual harassment involves inappropriate or unwelcome sexual behaviors or advances, often transpiring within the workplace. This harassment goes beyond physical acts that involve sexual touching and can also include verbal abuse. You could have a sexual harassment case if someone consistently makes sexual harassment remarks against you. The risk of sexual harassment within the construction industry hangs over both construction workers and contractors. The possibility of facing sexual harassment remains a stark reality, whether you are working alone in a home or in a big company. It happens in many places, in many ways, and for many reasons.

Sexual harassment can happen no matter who the victim is. A fellow man can sexually harass a man, and even a woman can sexually harass a man. A gender-non-binary person can also harass a man or woman sexually.

Most cases of sexual harassment in California involve men harassing women. You qualify for a legal case of sexual harassment if the reasons for the discrimination are:

  • Your gender
  • Your self-determined sex
  • Your sexual orientation
  • Gender-related medical conditions, such as a sex change, childbirth, pregnancy, or other situations

The following are the laws that govern sexual harassment in California:

The Fair Employment And Housing Act (FEH)

The Fair Employment and Housing Act (FEH) was enacted by the California Department of Fair Employment and Housing (DFEH). According to FEH, it is a crime for an employer to commit any unwanted sexual advances or actions, whether verbal, visual, or physical. This includes any gender-based harassment. Some examples include:

  • Revenge actions like firing or demoting you for refusing your employer’s sexual advances or reporting the employer to the relevant authorities.
  • Sharing or displaying sexually explicit or implicit photos, posters, or jokes
  • Making sexual gestures, flirting, or commenting on your own or other people’s outfits in a sexual manner
  • Offering employment benefits like promotions or a pay raise, in exchange for sexual activities that can include sexual intercourse

The 1964 Civil Rights Act

The 1964 Civil Rights Act includes a section called Title VII. This is a federal law that prohibits employers from discriminating against workers based on any of the following:

  • National identity
  • Religion
  • Color
  • Gender or sex
  • Race

The Equal Employment Opportunity Commission (EEOC) is an extension of the 1964 Civil Rights Act extension. According to the EEOC, it is a crime for any employer to discriminate against or harass an applicant, an actual employee, or a potential employee because of their gender or sex. Some of the examples include:

  • Denying you a promotion because they believe that you are gay
  • Demoting a woman because of pregnancy
  • Refusing to hire an applicant because he/she wants a woman, but a man is more qualified
  • Firing you because of your gender

Types Of Sexual Harassment

There are two main types of sexual harassment in California. They include:

Quid Pro Quo

Quid pro quo form of sexual harassment is more explicit and common. It can be determined easily and is easy to prove. “Quid pro quo” means “this for that” or something given in exchange for something else. This form of sexual harassment is any type of implicit or explicit exchange of something one person wants for sexual favors, activity, or related situations. It involves a sense of one person having some power over another. Often, it can be an employer over an employee, a client over a vendor, or a worker over a coworker. Examples of quid pro quo include:

  • A contractor can hire you for a permanent building job in exchange for sexual intercourse every time you meet in person.
  • Your employer can offer you a pay raise or promotion provided you are willing to make out with them and allow them to touch underneath your clothing for a few minutes.

Quid pro quo can happen once or several times over time.

Hostile Work Environment

Sexual harassment in the construction industry can also be classified as hostile work environment sexual harassment. This is a broader definition than the explicit form of quid pro quo sexual harassment. Usually, most situations can qualify as hostile work environment sexual harassment in California.

A hostile work environment is the opposite of quid pro quo harassment. Quid pro quo sexual harassment is an implicit threat or an exchange. On the other hand, a hostile work environment with sexual harassment does not have a tangible or inherent threat to someone else. Any pervasive, repeated, or severe actions resulting in a work environment where you cannot work amount to a hostile environment. A hostile work environment can also be where you feel offended or abused, or where behaviors and activities affect your work.

Examples of hostile work environments include:

  • A floor material vendor offering you a discount in an implied agreement that you will comply with his unwanted flirtations
  • A person you have worked with for a long time starts making sexist comments. The comments could not be directed at you directly, but you could be uncomfortable with the comments.
  • An employer flirts with you; you do not want this to continue. You do your work poorly or miss work because you feel uncomfortable.
  • A group of employees, both male and female, gang up on you, sending sexually explicit photos, images, and language through email.

Examples applicable in the construction industry include:

  • A contractor makes you a foreman at a commercial construction site but makes fun of any man or woman you intend to hire.
  • A homeowner hired you to extend their house, but he/she teases you in a sexual way that makes you uncomfortable while working.

According to the federal court of appeals, a sexual harassment case can qualify as both quid pro quo harassment and hostile work environment harassment. However, it depends on the activities, actions, and timeline involved. A quid pro quo where you are coerced into engaging in sexual intercourse for a job promotion can result in a hostile work environment. You could feel threatened or offended, or that your capacity to do your work has been interfered with. 

Major Challenges In the Construction Industry

Sexual harassment occurs in the construction industry because of the following:

Fear Of Retaliation

Employers must speak out against sexual harassment because most victims in companies fear being targeted. All levels of management should embrace this to create an environment where workers feel secure and free to air out issues affecting them.

Lack Of Knowledge

Both companies and employees might not understand sexual harassment. Employers must have a good knowledge of what happens within the company. This can help them deal with it in the future.

Cultural Barriers

Men dominate the construction industry. There are ingrained attitudes that must be corrected because women make up only 15% of the workforce. Women are sexually harassed because areas of the business operate with a “boys club” mentality.

Gender Imbalances

The construction industry remains male-dominated despite efforts to encourage women into the workforce. Sexual harassment is common where there is a gender imbalance.

Protecting Yourself From Harassment or Discrimination On The Construction Site

It is important to take bold steps to protect yourself and report the harasser if you are facing any form of sexual harassment, discrimination, or assault in the construction industry. The federal and state laws have been enacted to protect employees from sexual harassment. Some of the steps you should take to address this problem include:

Seek The Services Of An Experienced Labor Attorney

The labor attorney can guide you on the harassment laws. An attorney can also determine the strength of your case based on legal standards, but not company interpretations. Your attorney can offer a reduced-cost or free initial consultation. Most attorneys take cases on contingency, where you do not pay unless compensated. Attorneys often change how employers handle sexual harassment allegations. Employers know an attorney can take the case to formal proceedings. Consult your attorney about the likelihood of negotiating settlements and taking the case to trial.

Report Your Case To Relevant Authorities

If internal processes fail to handle your sexual harassment case adequately, government agencies like the EEOC will offer external accountability. Gather essential documentation before filing your case. Some of the documentation that can strengthen your case includes:

  • Witness statements
  • Performance reviews, and
  • Emails with HR

Before proceeding with a formal investigation, the EEOC will try to reconcile you with your employer. This can sometimes lead to faster solutions.

Check the EEOC’s website for the statute of limitations, which is usually 180 to 300 days from the date the incident happened. Research your county’s regulations to know additional options or extended filing deadlines.

Non-profit channels can help you more than official channels. For example, Callisto Expansion and Better Brave allow for confidential reporting of workplace sexual harassment. They offer a safe space to share experiences.

Seek Emotional Support

You might feel confused and isolated if you find yourself the target of workplace sexual harassment. This will make you wonder if your professional standing or case is worth anything. Discuss this issue with a person you trust, like a therapist, family member, close friend, or support group, particularly for workplace harassment survivors. They will offer you perspective and emotional support during hard times.

It is overwhelming to carry the burden of sexual harassment alone. Sharing your experience with a trusted person can enable you to validate your feelings and clarify your thoughts. Protecting your mental health is important and as good as addressing the sexual harassment itself. Seek the services of a counselor who specializes in trauma and workplace issues. A counselor can give you coping mechanisms tailored to your specific case while maintaining confidentiality outside your workplace.

Check On Your Company’s Policies

You should understand your company’s policies well. These policies offer clarity on your rights and accessible resources in the company. Most policies guide reporting procedures and offer the following:

  • Confidentiality protections
  • Statute of limitations for investigations, and
  • Anti-retaliation measures

Some construction companies have appointed ethics officers or ombudspersons who can guide while observing confidentiality. The handbook can guide you on how to report your sexual harassment case. You can go to a designated contact or human resources. It is good to follow their guidance when filing your formal sexual harassment case. You should review the policies early. This will help you anticipate the process and prepare crucial documents before filing a formal complaint.

Document Everything

Documenting sexual harassment incidents provides a reliable record, making your case solid and preventing the ‘’hearsay” situation. Manual documentation is considered more credible than memories recalled later. You should document the incidents as soon as they occur. Document workplace incidents separately, distinguishing between your emotional responses and factual observations. Store digital documents in personal devices or accounts instead of work systems because others can access or monitor company equipment.

Provide the details of every incident and note the following:

  • Time and date of the harassment
  • Where the sexual harassment occurred
  • Give the details of the incident
  • Explain how you were affected
  • Provide the names of perpetrators
  • Provide the names of witnesses
  • Gather any necessary photos, voicemails, text messages, and emails

Save any voicemails, texts, or emails related to the harassment. Store them in a safe place. Additionally, gather previous performance reports or any other personnel files you have received. This evidence will be vital when you decide to take legal action.

Address The Behavior Directly

Sometimes, addressing the sexual harassment behavior directly can resolve the case without further escalation. You can do this, particularly if the perpetrator is unaware of their inappropriate behavior. Tell the harasser the words or actions you want them to stop directing at you. Use clear statements when setting boundaries instead of using accusatory language. Bring a witness during the discussion. You can also follow up with an email summarizing what you talked about. Proceed with formal reporting channels if addressing the behavior directly is unsafe.

Report The Sexual Harassment Case To The Human Resources and Your Supervisor

Formal reporting of a sexual harassment case legally obligates your company to investigate the situation and creates an official record. When meeting with management or human resources, a trusted coworker should be brought to the table as a witness. You can also bring a support person if your company’s policy permits. Ask for a written confirmation that your case has been received. You can also request a timeline of the investigation, including the date you will receive the updates. Human Resources represents the company’s interests but must ensure that anti-harassment policies and laws are followed.

File A Lawsuit

Filing your case is important if other strategies fail to address your situation or you have suffered great bodily harm. The legal process often starts when your attorney files your case detailing the harassment, your attempts to seek a solution, and the compensation you are pursuing. During discovery, your attorney and the prosecutor will exchange evidence that can include:

  • Company representatives
  • The alleged perpetrator, and
  • Depositions or sworn testimony from witnesses

Sexual harassment cases often settle before trial, but you should prepare as if you are going to trial. This ensures you maintain leverage in settlement negotiations.

Prepare For Any Challenge

Filing a construction industry sexual harassment case can face unexpected challenges, including emotional strain, prolonged timelines, and possible retaliation. You can maintain resilience by building a support network of trusted friends, therapists, or family members.

It is often challenging to navigate these situations. Only a few people seeking compensation through the EEOC receive financial compensation for their sexual harassment lawsuits. Filing a construction industry sexual harassment case can be lengthy and challenging. However, taking this action shows courage and integrity that contribute to a safer workplace.

Traditional And Modern Work Environment Sexual Harassment

Most people think sexual harassment takes place only in a traditional white-collar job environment where there are many workers, officers, and desks. However, understanding how sexual harassment is a form of workplace discrimination is important. According to the Civil Rights Act of 1964 and the DFEH, the workplace has various definitions. A workplace can be any interaction with any individual in any location associated with business. For example, a business-related relationship and a workplace can include any of the following:

  • A message to a vendor confirming your order is considered an unwanted sexual flirtation.
  • An inappropriate email exchange having nude photos and sexual innuendos between a prospective employer seeking to hire you for your business skills
  • An employer and a woman are having a meeting after-hours in a restaurant, where the employer makes an unwanted sexual pass at the woman.
  • A traditional office where one employee harasses a coworker

Workplaces can differ in the building industry. You can be in the office while waiting for the next contract or job. Sometimes, you can work at an outdoor construction site for weeks. You can be supervising different worksites, both under construction and in completion. Your employer can send you to meet with clients at different private and public spaces to provide estimates on future jobs. You could be reaching out to different vendors that supplied materials for building work through emails. All these working relationships and situations fall under the definition of “workplace.” It will amount to sexual harassment if discrimination happens because of your gender or sex.

Ways In Which Construction Companies Can Handle Sexual Harassment Cases

Construction companies can take proactive steps to deal with sexual harassment by considering training programs focusing on discrimination and harassment. For example, bystander intervention training equips workers to step in and support a coworker if he/she experiences sexual harassment. Modern training initiatives encompass role-playing, which makes employees empathize with coworkers experiencing harassment. This will aim to promote a workplace culture that protects workers instead of undermining them. However, it is the duty of the management to develop clear rules and set an exemplary tone even with these training methods in place.

Implementing a comprehensive employee policy is the most appropriate way for construction companies to deal with sexual harassment. This policy must articulate explicit guidelines against unfair discrimination and sexual harassment. It should also delineate possible punishment for offenders. Additionally, a clear approach for victims to file complaints about sexual harassment, whether it involves themselves or coworkers, must be considered.

Companies need to implement these policies. You should take legal action against your employer, especially if you feel the perpetrator received a lenient disciplinary action.

Damages You Can Recover In A Construction Industry Sexual Harassment Case

The California Civil Rights Department and the EEOC can play a major role in a workplace sexual harassment case. However, your attorney can help maximize your recovery. Some of the damages you can recover include:

  • You are entitled to pain and suffering compensation to account for the psychological distress and physical pain you suffered.
  • Your harasser or employer can be ordered to pay your legal costs, effectively removing the expense of pursuing your case.
  • You are entitled to lost income compensation and benefits if you were terminated wrongfully because of a hostile work environment.

Find a Competent Sexual Harassment Attorney Near Me

Facing sexual harassment as a construction contractor can be distressing and make it challenging to execute your duties. California law requires all employers to maintain safe work environments free from harassment. If you or your loved one experiences sexual harassment, the first step should be to inform the management about it. If the management or employer does not act to mitigate the situation, you can file a lawsuit against them. At the Empower Sexual Harassment Attorneys, we have committed attorneys who are experienced in handling all types of sexual harassment cases. It does not matter how intricate your case is. Our attorneys have what it takes to handle it. Contact us today at 619-604-3027 for reliable legal representation in San Diego, CA.