Work may not always be fun, but it should always be a safe environment. This means that employees should not be subjected to sexual harassment in the workplace. The law demands it. There are several legal avenues to seeking relief after enduring sexual harassment on the job, and we can show you what to do if you have been sexually harassed at work.
Our legal team at Boucher LLP has extensive legal experience evaluating potential civil claims and representing victims of workplace sexual harassment. No matter how complex the case, we are ready to champion your rights against an abusive boss or colleague. We approach every case with compassion and solutions tailored to our clients’ unique needs.
Are You Being Sexually Harassed?
Sexual harassment is sex-based discrimination that is illegal under state and federal laws. The California Fair Employment and Housing Act (FEHA) and Title VII of the Federal Civil Rights Act of 1964 (Title VII) define sexual harassment as unwelcome sex-based conduct that comes in one of the following forms:
- Hostile work environment harassment. This occurs when the unwelcome conduct is so extreme or pervasive that a reasonable person would call the work environment hostile or abusive.
- Quid pro quo harassment. This occurs when a supervisor or employer requires an employee to accept unwanted sexual advances or endure unwanted sex-based behavior to receive work benefits.
Sexual harassment can include offensive jokes, slurs, invasions of personal space, requests for sexual favors, exclusion from work opportunities, touching without consent, displays of graphic content, explicit conversations, and stereotyping comments. And our experienced sexual harassment attorneys at Boucher LLP can help you identify and eliminate any form of harassing behavior that crops up in your workplace.
What Happens If You Are Sexually Harassed at Work?
If you are sexually harassed at work, you may have the right to recover financial damages and other relief. Whether the harassment comes in the form of discriminatory words, non-consensual touching, or graphic gestures, it can hurt everyone in its wake, and seeking legal recourse is often an essential step in stopping the harassment and remedying its effects.
Workplace sexual harassment can cause the following damage:
- Sleep disturbances,
- Depression,
- Withdrawal from work,
- Gastrointestinal distress,
- Sexual problems,
- Financial ruin,
- Absenteeism,
- Low self-esteem,
- Professional setbacks,
- Anxiety,
- Dermatological reactions, and
- Decreased job satisfaction.
You can address these adverse effects by filing an internal complaint, an administrative complaint, or a civil lawsuit against your employer or your harasser.
What to Do If You Are Being Sexually Harassed at Work
Seeking legal relief from sexual harassment is often a multi-step process, so a good first step you can take is to consult a skilled attorney from Boucher LLP about your options and the best ways to achieve your goals. Depending on the circumstances of your case, you may need to do all of the following to obtain compensation and other remedies.
Shut Your Harasser Down
To maintain a claim of sexual harassment, you have to prove that the sex-based conduct you endured was unwelcome. If you want your claim to be successful, you might have to point to an event in which you told your harasser to stop or reported your harasser’s behavior to management. We recognize that this can be much easier said than done in an environment as complex as a workplace, but our attorneys can help you stand your ground from the beginning to the end.
Collect Evidence of the Harassment
Having strong proof of the harassment you have experienced is essential to winning your claim. To prove harassment, you may need to collect the following at the first signs of misconduct:
- Correspondence between you and your harasser or you and your employer,
- Pictures,
- Witness testimony,
- Copies of complaints and disciplinary actions,
- Personnel records,
- Employment records,
- Wage records, and
- Employment agreements or policies.
Some forms of evidence are easier to collect on your own than others, but Our legal team can help ensure that you obtain every type of evidence that is relevant to your case.
Submit a Complaint to Human Resources or Management
Filing an internal harassment complaint may be necessary if you want to hold your employer accountable for sexual harassment that occurs among its workforce and associates.
An employer can be responsible for harassment committed by anyone in its work environment, including:
- Supervisors,
- Clients,
- Non-supervisor employees,
- Affiliates,
- Contractors, and
- Patrons.
When a supervisor commits harassment that results in a negative employment decision against you, your employer is automatically liable. But if a non-supervisor or non-employee harasses you, your employer is liable only if you can prove that your employer did not reasonably try to prevent or correct the harassment and that you did not unreasonably fail to take advantage of your employer’s anti-harassment procedures. You can satisfy both these elements by filing a harassment complaint with your employer and documenting how your employer responds.
File an Administrative Complaint
If your employer’s response to your internal harassment complaint is unsatisfactory, you can take legal action by submitting a harassment complaint to the California Civil Rights Department (CRD, also known as the Department of Fair Employment and Housing) or the United States Equal Employment Opportunity Commission (EEOC). Once your case is open, these agencies investigate your claims, facilitate settlements, and hold hearings to resolve your workplace disputes. One of our knowledgeable attorneys can help ensure that the administrative process runs smoothly and your interests are protected.
Keep in mind that the EEOC can intervene in your sexual harassment case only if your employer has 15 or more employees, but the CRD can intervene regardless of the size of your employer’s workforce. Typically, you have 180 days to file an EEOC complaint and three years to file a CRD complaint.
File a Lawsuit
You also have the option of resolving your sexual harassment complaint with a civil lawsuit. In a lawsuit or an administrative complaint, you can recover the following:
- Economic damages to pay you for your financial losses,
- Non-economic damages to address your emotional distress,
- Attorney fees and legal costs,
- Punitive damages to punish employers and harassers who engage in egregious acts, and
- Injunctive relief to restore or improve your work benefits or change policies at your workplace.
If you choose to file a lawsuit, you must file a complaint with the CRD or EEOC first. You cannot file your lawsuit until the CRD or EEOC provides you with written notice that states that you have a right to sue. Our attorneys can file paperwork with either government agency to expedite your receipt of a right-to-sue notice.
We Can Do This for You
One of the most important things to understand when you are facing sexual harassment is that you are not alone. At Boucher LLP, we make sure our clients receive the support and guidance they need when seeking redress from a harasser or unscrupulous employer. And we have decades of combined experience in winning the relief our clients deserve. Our attorneys are here for you. You can call us or contact us online to schedule a consultation.