If you are a victim of sexual harassment in the workplace in California, you may be able to pursue a sexual harassment claim against your place of employment.
You can ask to be compensated for the damages you suffered because of the harassment. There are state and federal employment laws in place to protect workers from harassment.
If you have suffered workplace sexual harassment in California, you should collect documentation and any supporting evidence to show that you were a victim of this behavior. An employment law attorney can help you through the process, and ensure your rights are protected.
What California State Laws Protect Against Sexual Harassment?
While Title VII of the Civil Rights Act of 1964 offers federal protection for workers who suffer workplace sexual harassment,
California has state law – The California Fair Employment and Housing Act – that also offers protection to workers in the state. California law says that sexual desire does not have to motivate the behavior, but instead, the behavior could be based on the employee’s actual or perceived sex or gender identity, actual or perceived sexual orientation, and/or childbirth, pregnancy, or related medical issues.
What is Considered Sexual Harassment?
Sexual harassment takes many forms with some instances being much more obvious than others and sometimes the harassment being discreet.
A single action or event will not classify as sexual harassment, so there must be an ongoing pattern, so you can prove there was a continuous issue that led to a hostile work environment.
Be sure to thoroughly document the situation and consistently gather supporting evidence. Sexual harassment could include unwelcome sexual advances, requesting sexual favors, and verbal or physical harassment of a sexual nature.
Harassing anyone about his or her gender in general is prohibited. Offhand comments, isolated incidents of a non-serious nature, or teasing are not sexual harassment.
How is it Covered by Law in California?
Workplace sexual harassment is forbidden by state and federal laws in California. Employers are not allowed to retaliate against a person who has opposed practices that were forbidden by the state employment laws or by Title VII of the Civil Rights Act of 1964.
If an employee in California suffered workplace sexual harassment, he or she can ask for compensation to cover damages through a sexual harassment claim.
Where To File A Workplace Sexual Harassment Claim In California
If you were a victim of workplace sexual harassment in California, be sure to get your claim underway quickly. Make copies of documentation and supporting evidence.
Be sure to look over your employee handbook to check the company guidelines for filing a complaint. If your employer does not have a formal sexual harassment complaint process, you should still start the process with your employer by talking with human resources (HR) or with a manager.
Be sure to document everything, including who you speak with, their response, and how the company addresses the issue. If the matter does not get resolved, advance your claim to the next level by filing a complaint with an agency that enforces Title VII, including the Equal Employment Opportunity Commission (EEOC).
Your claim will be investigated by an EEOC representative. If the issue does not get settled, you can file a federal lawsuit against your employer.
How Long Do I Have To File A Sexual Harassment Claim In California?
There is a statute of limitations for pursuing a workplace sexual harassment claim against your employer in California. While federal law allows for 180 days, the state laws extend the time limit to 300 days from the date of the incident.
If you miss the deadline, your claim will be dismissed, and you cannot recover compensation for your losses.
Getting Help Filing A Sexual Harassment Claim in California
If you experienced workplace sexual harassment in California. Take the time to speak with a California employment law attorney about your claim.
Employment law attorneys are knowledgeable about the state and federal laws that apply and will ensure your claim is filed before time runs out, and make sure that you have provided all the essential supporting evidence and for you claim to succeed.
Complete the Free Case Evaluation Form to share the details of your sexual harassment claim with a California employment law attorney.
With the help of an attorney, you can rest assure that your claim is file in a timely fashion and that you have the supporting documentation your claim needs to prove that you suffered workplace sexual harassment.
