Sexual harassment is rampant in our workplaces. It entails unwanted, unwelcome advances, inappropriate remarks, or using a position of influence to demand sexual favors. Harassment creates an environment in which you feel unsafe, isolated, and undermined.

California law requires employers to take steps to prevent employee harassment and remedy misconduct. Despite these protections, victims fail to report for fear of retaliation, job loss, or not being believed.

If you are a victim, California sexual harassment laws allow you to hold the perpetrators accountable. At Empower Sexual Harassment Attorneys, we are your fiercest advocate for sexual harassment in San Diego. We will help you understand your rights and seek justice if you are harassed at work.

What the Law Considers Sexual Harassment

Sexual harassment violates your fundamental right to work in an environment free from intimidation, offense, or hostility. As defined by the California Fair Employment and Housing Act (FEHA), sexual harassment is any unwanted conduct of a sexual nature that disturbs your ability to perform your job, making the workplace unsafe or offensive. It could be from a supervisor, a co-worker, or a non-employee. Also, it is unlawful if it affects your well-being at work.

As an example, your female colleague makes sexually charged jokes towards you while you are attending a meeting. You hoped it was a one-off, but a few days later, that coworker says something about your appearance with a horrible smirk and enters your personal space. You start dreading work, skipping meetings, keeping your head down, and having difficulty focusing.

Your colleague’s act is sexual harassment, as there is a pattern of unwelcome behavior that disrupts your professional life and peace of mind.

Sexual harassment can take many forms. For example:

  • In a promotion or job security, a supervisor asks for a “private dinner.”
  • Your colleague is insulting your gender or sexual orientation.
  • Unwanted physical contact.
  • Graphic comments.

California law also understands that there is no limit to who can harass whom. It does not matter what your gender identity or sexual orientation is; you are protected from same-sex sexual harassment. That behavior is deemed harassment if it offends and distresses a reasonable person.

Sexual harassment must be objectively severe enough that a reasonable person in your position would feel harassed. Legally, it must be subjectively unwelcome or offensive. A few isolated compliments about your appearance are not harassment; however, repeated comments, unwelcome advances, or physically intrusive actions meet the threshold.

The severity and frequency of harassment also matter. Harassment can be a particularly egregious act, like sexual assault. Less severe conduct is considered appropriate if it happens enough times and creates a pattern of behavior that makes you feel unsafe or disrespected at work.

Too often, victims do not report incidents for fear of retaliation or being told they are overreacting. Per California law, reporting harassment or participating in an investigation cannot subject you to retaliation.

Types of Sexual Harassment

California law recognizes two primary forms of sexual harassment:

  1. Quid Pro Quo harassment.
  2. Hostile Work Environment harassment.

Hostile Work Environment (HWE) Sexual Harassment

If unwelcome sexual conduct or behavior is so offensive, intimidating, or demeaning that it interferes with your work, it creates a hostile work environment. This type of harassment does not have to be one single awful thing. It can be repeated, constant abuse that wears you down over time until you feel safer or more comfortable.

For example, you walk into the workplace, and your co-worker finds an excuse to make their way over to your desk. While passing, they contort their bodies and mutter sexually charged remarks. Perhaps they say things in meetings that make you feel embarrassed.

Maybe you feel compelled to hear the excessively derogatory comments made about your gender or sexuality, whether explicit or subconscious, and presented under the guise of humor. As time goes by, this behavior makes the workplace scary.

Per California law, the behavior must meet three critical criteria to prove harassment:

  1. It must be unwelcome.
  2. It must be based on your sex or gender.
  3. It has to be so severe or pervasive, creating an environment you cannot work in

Therefore, if you skip meetings, avoid co-workers, or lose focus because of someone’s inappropriate conduct, then harassment has interfered with your ability to work.

The law protects you, no matter your position or the offender’s title. Supervisors, colleagues, subordinates, clients, and vendors can all behave in such a way that creates a hostile work environment. Employers are liable for supervisors’ misconduct, so the latter are held more strictly accountable. Proving a hostile work environment requires evidence like witness statements, emails, or documented incidents.

Quid Pro Quo

Quid pro quo sexual harassment is a predatory act of someone who has power over you asking for sexual favors in exchange for professional benefits. It also involves threatening you with bad consequences if you do not do what they want. Quid pro quo harassment differs from a hostile work environment in that it is usually more direct and does not leave much room for ambiguity.

For example, your manager calls you after hours and tells you that you will receive a promotion or a raise if you meet them for dinner, and if you say no, it could hurt your career. They may warn you that if you reject their advances, they will give you bad performance reviews or, worse, terminate you.

FEHA makes this form of harassment strictly illegal in California and applies to whoever is in a position of authority over you. Quid pro quo harassment can be committed by supervisors, managers, executives, or anyone who can determine whether or not you advance in your career opportunities.

If you fall victim to quid pro quo harassment, the first step is to report the incident to your organization’s human resources office or any designated reporting authority. California law requires your employer to investigate and respond to the complaint. If they do not act, file a complaint with the California Civil Rights Department (CRD). The CRD issues you a “right to sue” notice, and you can bring legal action against the perpetrator and your employer.

Quid pro quo harassment is the employer’s responsibility to prevent and address. Whenever the employee complains that he is being harassed, the company is supposed to respond by:

  • Investigating the claim.
  • Disciplining the offender.
  • Implementing preventive measures to ensure that there is no recurrence of such incidents.

Violence in the workplace can be serious, and if employers ignore or brush off complaints, they may face serious legal consequences.

Employer Obligations for Sexual Harassment Policy

California law prohibits sexual harassment in the workplace with an uncompromising standard. Employers with five or more employees must have a solid framework to ensure employee safety and create a professional, no-harassment environment. Ignoring these obligations is a disservice to the workforce. It makes you and your company legally vulnerable.

Under California law, all employees, no matter their rank or tenure, are required to receive anti-harassment training. Non-supervisory employees must take at least one hour of training, and supervisors and managers must take two hours of training every two years. The aim is to teach everyone what sexual harassment is, how to spot it, and how to react. This training establishes the norms of workplace conduct and ensures that every worker understands their rights and responsibilities.

The stance against harassment must be detailed, accessible, and unequivocal, and these policies must be written.

What if an employee experiences inappropriate behavior and is unsure what to do? A clearly written anti-harassment policy eliminates that uncertainty. The policy must define sexual harassment, provide a step-by-step guide for reporting misconduct, and promise that complaints will be handled with confidentiality and without fear of retaliation.

The policy should also describe how an investigation is carried out. Employers must ensure harassment complaints are addressed properly and promptly. If an employee reports something, the employer cannot just dismiss their concerns.

Thorough, impartial, and timely investigations must be conducted. For example, if an employee reports that a manager has inappropriately acted toward them, the employer must examine the claim without prejudice. You have to collect evidence and have witnesses. Delays or negligence send a dangerous message that harassment is OK, breaking trust and making you more vulnerable in court.

Once an investigation is complete, corrective action is needed. If harassment is proven, the employer must take the appropriate disciplinary action against the offender. These include warning, suspension, and termination. The employer must also safeguard the victim and prevent further misconduct. This may involve changing work arrangements, offering counseling, or adding extra training to reinforce company standards.

Another key issue that California law addresses with absolute clarity is retaliation. Employees must feel safe to report harassment without fear of adverse consequences. What if an employee dared to raise their hand and file a complaint, only to be demoted, ostracized, or tormented at work? Such retaliation is illegal and will only draw more legal repercussions on your company. Employers should develop a culture where people are not punished for speaking up.

Not meeting these obligations is serious. And if it happens and the employer cannot show that they did to prevent it, they are held liable. Harassment from supervisors, co-workers, or non-employees like vendors or clients is also included in this liability. Employers cannot plead ignorance or get away with it.

Steps to Take if You Experience Sexual Harassment

California law forges a path to protect yourself, preserve your dignity, and pursue justice if you undergo sexual harassment. You can take deliberate and well-documented steps that will support your case.

  1. Document The Incident Accurately

When the harassment happens, start writing down everything you can remember. Specify dates, times, and locations of the incident. Try to put what happened into clear, objective terms, including the words used, what was done, and any inappropriate gestures or behaviors you witnessed.

If there were witnesses, such as colleagues, clients, or bystanders, write down their names and how they are related to the incident. The more specific and stronger your records, the harder it is to dismiss your claims by the harasser or your employer.

  1. Report The Misconduct To Your Employer

Formal complaint filing can seem daunting, particularly if the harasser has a position of authority. However, California law says your employer must treat these complaints seriously and act quickly. Write your complaint and keep it for your records. Give the same level of detail in your report as you did when you recorded it.

Give the harasser’s name, what happened, and how the conduct has hurt you. These could make your job environment unbearable, affect your job performance, or cause you emotional distress. Speak directly and firmly when stating your rights or demanding your employer do their legal duty to investigate and remedy the harassment.

  1. Escalate The Complaint To State Or Federal Authorities

The California Department of Fair Employment and Housing (DFEH) is the state agency that enforces anti-harassment laws. You may file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency responsible for protecting workers from discrimination and harassment. When you file a claim with either of these agencies, you set in motion a formal investigation of your allegations.

When you file your complaint, the agency will review your evidence, interview witnesses, and decide if your employer broke the law. If the agency agrees that you have a case, they can send you a “right to sue” notice, which means you can take further legal action.

  1. Consider Hiring An Experienced Attorney

Sexual harassment claims and legal procedures can be complicated, with strict deadlines and hard rules. Your advocate will be a qualified attorney who will guide you through each step, gathering evidence, negotiating settlements, or litigating in court. Your lawyer will ensure your rights are protected and you receive the justice and compensation you deserve. Moreover, they can give you the reassurance and clarity you need when things are not going well.

Filing a Sexual Harassment Lawsuit

It can feel like an uphill battle to take the step of filing a sexual harassment lawsuit, but it is a powerful tool to hold those responsible to account. Steps involved in filing a sexual harassment lawsuit include:

  1. Filing a complaint with the Department of Fair Employment and Housing (DFEH) or Equal Employment Opportunity Commission (EEOC)

These agencies ensure your claims are up to the standards for taking legal action. You have to file your complaint within three years of the harassment to start the process. After submitting it, the agency will investigate and review your documentation and determine if there is enough evidence to continue. The DFEH or EEOC may decide your claims warrant further action and will issue a “Right to Sue” notice. This document is your green light to sue in civil court.

  1. Pursue Compensation

You can sue for compensation in court if you receive your right to sue notice. Your attorney will work with you at this stage to present the evidence of harassment you suffered and the resulting damages.

Your detailed records on the incidents, witness testimony, company policies, and any correspondence like emails or text messages are some of the evidence they may use. Your lawyer will also calculate your loss, such as emotional distress, wages, or career setbacks.

  1. Mediation and Settlement

In many cases, the lawsuit will end up in mediation and settlement, where you and your employer can work out your dispute without going to trial. In mediation, a neutral third party helps the parties negotiate a fair solution. There are many advantages to settling a case. It enables you to avoid the stress, uncertainty, and time commitment of a trial, but at the same time, you are compensated for the harm you suffered.

Your attorney will represent you and work to have the settlement cover the severity of the harassment and the damages you suffered in mediation. Settlement offers many people closure, the opportunity to put it behind them and move on without going through it in court.

  1. Trial

If mediation does not work or you cannot reach a reasonable agreement, your case will go to trial, and the matter is left to a judge or jury. The evidence, witnesses, and arguments are presented at trial by both sides and are sworn to be true. Your attorney will weave a compelling story that shows how the harassment was damaging enough to warrant compensation.

Ultimately, the judge or jury will decide whether the employer or harasser is liable and what compensation you deserve. A favorable verdict can include damages for emotional distress, lost income, legal fees, and even punitive damages to punish the employer for egregious misconduct.

Compensation Available in Sexual Harassment Cases

If you have been sexually harassed in California, you are entitled to compensation if you have suffered harm. No amount of money will take away the emotional and professional damage from harassment. Still, fair compensation can help you recover, move on with your career, and put the whole thing behind you.

Sexual harassment damages are awarded to compensate you for the tangible and intangible losses you suffered as a result of the actions of those responsible. These damages are:

  • Lost Income

If you were forced to resign, wrongfully terminated, or were denied opportunity because of the harassment, you are entitled to recover your lost wages. It includes the wages you would have earned if the harassment had not put your career on hold and the wages you would have earned in the future if the harassment had not prevented you from working. To calculate lost wages, you need to analyze your earnings history, future career trajectory, and any loss of future opportunities due to the harassment.

  • Emotional Distress

Workplace harassment can leave a lasting scar. You might be fighting insomnia, depression, or chronic feelings of shame and humiliation. You could collect damages for pain and suffering to compensate for the anxiety, stress, and emotional trauma resulting from the harassment. You should be compensated for the anguish you suffered if the harassment affects your mental health and quality of life.

  • Loss of Reputation

Loss of reputation compensation repairs the professional damage done by the harassment. Maybe you were unfairly branded as uncooperative when you spoke up or retaliated against and suffered damage to your reputation in your industry.

These setbacks can damage your credibility, keep you from good job opportunities, and hinder your professional growth. You can recover damages that reflect the harm to your reputation and opportunities that harassment caused you by proving that it caused measurable harm to your career.

  • Other Costs

In California, if you pursue a sexual harassment case, it can take a long time and be a complicated process. You can recover attorney fees as part of your compensation. Therefore, you should not let the financial burden of hiring a skilled attorney stop you from pursuing justice.

If you win your case, you may be able to have the harasser or employer pay your legal costs, such as the court costs, filing costs, and your attorney’s time. This provision gives you the legal representation to move through the process without dealing with financial strain.

  • Punitive Damages

In the most egregious cases, the court can award punitive damages. Punitive damages punish the harasser or employer for malicious, willful, or reckless conduct. So, if an employer knowingly allowed harassment to persist or actively contributed to a hostile work environment, punitive damages may be awarded. These damages are a punishment and a deterrent to discourage others from similar misconduct. Punitive damages are less frequent but powerful for bringing wrongdoers to account.

Find an Experienced Sexual Harassment Lawyer Near Me

Sexual harassment in California workplaces is a serious violation of workers’ dignity and rights that involves unwanted advances, remarks, or sexual demands used to entice a worker. Harassment under the California Fair Employment and Housing Act (FEHA) disrupts an employee’s ability to work safely and comfortably with colleagues, supervisors, and others. Victims can document incidents, report misconduct, escalate claims to agencies like DFEH/EEOC, and take legal action for justice and compensation with the help of sexual harassment lawyers.

We at Empower Sexual Harassment Attorneys provide trusted legal counsel and aggressive representation for victims in San Diego. Contact us at 619-800-7245 for a free and confidential consultation.