Section #1: What is sexual harassment?
What is sexual harassment?
Section #2: Hostile Work Environment Sexual Harassment
Hostile Work Environment Sexual Harassment
1) The behavior must be unwelcome
2) The behavior must be based on your sex/gender
3) The harassment must be severe or pervasive
Section #3: Quid Pro Quo Sexual Harassment
Quid Pro Quo Sexual Harassment
Section #4: Who is protected from workplace sexual harassment?
Who is protected from workplace sexual harassment?
Employers have an obligation to prevent workplace sexual harassment
California employers are not just responsible for responding appropriately to complaints of sexual harassment, they have an obligation to actively prevent it. They must prevent workplace sexual harassment, protect employees who report it, and ensure that victims and those who report harassment do not face adverse employment actions such as demotion, harassment, suspension or even termination.
Section #5: Who can commit sexual harassment?
Who can commit sexual harassment?
One misconception about California workplace sexual harassment is that only supervisors and bosses can commit it. In reality, your employer has an obligation to protect you from sexual harassment form most people you might come into contact with in the workplace. This includes:
Section #6: Examples of Sexual Harassment
Examples of Sexual Harassment
Common examples of verbal sexual harassment
Common examples of physical sexual harassment
Common examples of nonverbal sexual harassment
Section #7: Male Sexual Harassment in the Workplace
Male Sexual Harassment in the Workplace
Examples of Male Sexual Harassment in the California Workplace
Jobs where Male Sexual Harassment Commonly Occurs
Section #8: How to stop workplace sexual harassment
How to stop workplace sexual harassment
In many cases, the California company needs to be provided the opportunity to fix the situation. And without the opportunity, you might not be able to pursue a harassment claim.
1) Confront the Harasser
2) Report the conduct
After confronting their harasser, some California workers are content that the issue has been resolved. If you are concerned that it will continue, you should also report the behavior to the company. Some companies have their own internal complaint-making process. This can be found in the company handbook. If your company does have a defined process, then you should follow that process.
3) Document the harassment and your reports to the company
|Joe sexually harassed me on June 3.|
|Joe touched me at work on June 3 in a way that I felt uncomfortable with. He started rubbing my shoulders and I told him that he did not need to do that.|
|On June 3, I was working at my desk. It was around 8:15am when Joe came up behind me. He put his hands on my shoulders and started to rub them. He told me "you looked stressed." I responded that "I am ok" and tried to move away. He said "let me help you out." I told him that "you don't need to. It is ok. I am fine."|
Section #9: How to recognize and prevent retaliation for reporting sexual harassment
How to recognize and prevent retaliation for reporting sexual harassment
It is illegal to discriminate, retaliate or terminate an employee for reporting workplace sexual harassment in California, even if the behavior turns out not to be sexual harassment. Sometimes someone other than the victim reports the harassment and experiences retaliation. Whether you are the victim or the reporter, you have the right not to be protected from retaliation.
Common forms of Retaliation
How to prove retaliation
Section #10: Should you quit if you’re experiencing sexual harassment?
Should you quit if you’re experiencing sexual harassment?
What is a constructive discharge?
Section #11: What types of damages can be recovered in sexual harassment cases?
What types of damages can be recovered in sexual harassment cases?
Attorney’s Fees and Costs
Change in policies and practices
Section #12: How long do you have to file a sexual harassment lawsuit?
How long do you have to file a sexual harassment lawsuit?
When does clock start running to file a lawsuit?
When has the sexual harassment ended?
When would further efforts to stop the harassment be futile?
Section #13: How do you file a sexual harassment lawsuit?
How do you file a sexual harassment lawsuit?
Filing a Complaint with the Department of Fair Employment and Housing (DFEH)
Investigating the Claim
Obtaining a Right to Sue Letter
Filing a Charge with the Equal Employment Opportunity Commission (EEOC)
Limit on Emotional Distress & Punitive Damages:
|1-14 employees||Federal law doesn't cover|
Filing a Lawsuit in Court
Before you can file a sexual harassment lawsuit in California, you are first required to file a claim with the Department of Fair Employment and Housing in order to obtain what a “right to sue” letter. Obtaining the letter is a formality and just signifies that you have satisfied one of the requirements necessary to file a workplace harassment lawsuit. If you fail to obtain a right to sue before filing your lawsuit, your lawsuit and legal claims could be barred completely.
Section #14: Do I have a case?