Workplace harassment is far too common on jobs across California and throughout the country. Cases and investigations involving employers large and small show that discrimination and harassment continue to plague workplaces, even in states where workers have strong legal rights and protections.
The truth is that many employers simply do not do enough to prevent harassment in the first place and to quickly put an end to it when it occurs. Harassment complaints too often go ignored and unaddressed. Even when employers acknowledge a complaint, many do little to determine whether the accusations are true.
At Justice Law Corporation, our California discrimination lawyers help working people stand up to workplace harassment, including by holding employers accountable for their legal responsibilities. We are experienced attorneys with a long track record of successful results for the people and families that we represent. We will not allow our clients’ complaints to be shrugged off or disregarded.
State and federal laws make clear that the buck stops not only with employers and their HR departments, but also with managers and supervisors who are considered to be acting (or failing to act) on behalf of the businesses. Bosses who turn a blind eye to harassment complaints violate those laws and put their employees at risk.
Blowing the whistle on harassment and other illegal activity on the job can be daunting and stressful, especially for people who depend on their jobs to provide for themselves and their families. The good news is that you do not need to go it alone. Here is what you need to know about your rights in the workplace when it comes to harassment.
Harassment at Work
Harassment is treated as a form of discrimination under federal and California laws, including the Fair Employment and Housing Act. These laws ban harassment in the workplace and require employers to take reasonable steps to prevent and correct wrongful behavior.
In California, workers are protected against discrimination and harassment based on a number of protected characteristics:
- Race
- Sex
- National Origin
- Religion
- Disability
- Age
- Sexual orientation
- Gender identity
Although sexual harassment includes “quid pro quo” situations, other harassment claims are usually based on accusations that the behavior created a “hostile work environment.” To qualify, the harassing conduct must be so severe or pervasive that a reasonable person would find it hostile or abusive.
Conduct that may contribute to a hostile work environment includes:
- Offensive jokes, slurs, or name-calling
- Displaying sexually explicit images in the workplace
- Unwanted touching or physical contact
- Sexual advances
- Comments about a person’s body or appearance
- Physical assaults or threats
- Intimidation
- Exclusionary tactics
Isolated minor incidents are typically not enough to prove a hostile work environment. Instead, most hostile work environment claims seek to establish a pattern or practice of harassment.
Employers Cannot Ignore Harassment Complaints
Employers have a legal duty to take reasonable steps to prevent and correct harassment. That includes harassment that the employer knew about or should have known about.
Employers are generally considered vicariously liable for the actions or omissions of managers. That means they are legally responsible for managers who harass or otherwise discriminate against workers. They are also responsible for managers who ignore harassment complaints. All managers are required to undergo at least two hours of training on discrimination and harassment under California law.
Combating harassment starts by maintaining a clear anti-harassment policy. That should include a complaint mechanism for employees and a detailed plan for how complaints are to be handled.
Employers who receive harassment complaints from employees have a duty to treat them seriously. If the employee alleges conduct that, if true, would violate the law or employer policy, the employer is obligated to conduct a full and fair investigation. The employer must determine what happened, including by talking to the accused harasser and potential witnesses, and take action based on its findings.
California and federal laws prohibit retaliation against employees who complain about harassment at work or who take action to protect their rights on the job. These anti-retaliation protections give workers the power to speak up and take action without fear of losing their jobs. That includes speaking up on behalf of others and helping coworkers enforce their rights.
Taking Legal Action to Fight Harassment
Just because your employer ignores your harassment complaint, that does not mean you cannot take action on your own.
Workers who have been subjected to hostile work environments or otherwise harassed on the job have the right to file claims and pursue lawsuits against their employers. They can seek a wide range of legal remedies, depending on the situation, such as:
- Back pay and lost wages
- Reinstatement
- Front pay
- Non-economic damages
- Punitive damages
- Attorney’s fees and court costs
Employees can also join together and fight back through class-action lawsuits on behalf of large groups who have endured the same or similar types of harassment.
There is strength in numbers. Suing as a class gives a group of workers leverage against the employers that they would not have if they pursued individual lawsuits.
There are several steps employees can take to strengthen their claims.
Document everything. Create a thorough record detailing the harassment, including dates, times, locations, and witnesses. Keep copies of emails, texts, or messages and hold on to your formal complaint, whether it is submitted in writing or electronically. Also, maintain copies of any responses from your employer and notes of conversations with supervisors or HR.
Our California Discrimination Lawyers Can Help
If you believe that you are being discriminated against on the job, whether it is by being passed over for a position, underpaid in your role, or by being subjected to harassment, you do not need to go it alone. A California discrimination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California discrimination lawyer.
