Being sexually harassed at work can cause severe psychological distress and interfere with your ability to do your job and enjoy your life. If you’re looking for support but you’re worried about retaliation, you’ve come to the right place. There are many misconceptions about what sexual harassment is and which behaviors are legally classified as harassment.
Some people believe that there is no basis for legal action if the victim doesn’t explicitly tell the perpetrator to stop. This false belief harms victims because they don’t know they can seek justice safely. We know that saying ‘stop’ rarely has an effect, and rejecting the advances of someone in power can lead to unjust retaliation, such as being passed over for promotions, demoted, given fewer shifts, paid less, or even subjected to worse harassment.
At HHJ Trial Attorneys, we have supported many workers who cannot comfortably perform their duties due to harassment from an employer or coworker. This guide covers the definition of sexual harassment, steps you should take, your rights and protection from retaliation, the deadline to file a lawsuit, and the compensation you can recover.
What Counts as Sexual Harassment at Work?
Sexual harassment at work is unwelcome conduct of a sexual or sex based nature that affects your employment or creates a hostile work environment. Whether it comes from a supervisor, client, or coworker, unwelcome touch, sexually charged or explicit language, or actions are considered sexual harassment, even if you did not object in the moment.
Sexual harassment can be split into two categories: quid pro quo and hostile work environment. Quid pro quo refers to situations where an authority figure ties the victim’s job benefits to compliance with sexual conduct. A hostile work environment refers to sexual harassment that is so severe that it makes the workplace intimidating or offensive. Sexual harassment is a form of sex discrimination under Title VII of Federal Law and the Fair Employment and Housing Act (FEHA) in California.
There are several ways in which sexual harassment can take place. But they usually fall into three categories: physical, verbal, and online.
- Physical harassment includes unwanted touching like massages and hugs, blocking movement, and assault.
- Verbal harassment encompasses sexual jokes and comments, remarks about appearance, requests for special favors, and slurs.
- Online harassment can happen in the form of explicit texts, direct messages, unwanted sexual images, and harassment via remote work platforms like Slack and Zoom.
Step-By-Step: What to Do if You’ve Been Sexually Harassed at Work
It can be difficult to take legal action when you’re afraid of being fired or of facing physical violence from the perpetrator. This step-by-step guide provides actionable advice on what to do if you find yourself dealing with harassment at work.
Prioritize Your Safety
Your safety comes first, so if you have been assaulted or threats of violence have been made, you must ensure that you can get away from the perpetrator safely. Next, seek medical attention if you have been physically harmed. Doctors can collect evidence from your body and clothing that can be used to support a lawsuit. You can then contact the police from the hospital or ask them to report the incident on your behalf.
Police will most likely visit you in person to ask questions, so make sure you have a friend or family member with you for emotional support. Assault is a criminal act with more severe penalties, including jail time and fines, so reporting the incident as soon as possible is crucial. Harassment, while still very serious, is handled through civil cases aimed at securing compensation for the victim.
For more support after sexual assault or abuse, you can contact the RAINN (Rape, Abuse & Incest National Network) hotline or use their online chat. RAINN is the largest anti-sexual violence organization in the U.S. that helps survivors after assault. At HHJ Trial Attorneys, our sexual abuse lawyers help survivors of sexual harassment, abuse, and assault hold perpetrators accountable and seek compensation for the physical and psychological harm they have endured.
Document Everything
Write down every incident of harassment with the date, time, location, what was said or done, who was involved, and details of witnesses. Save multiple copies of all texts, emails, photos, and performance reviews, along with screenshots. Make sure your records are kept off any employer-owned devices or accounts to keep them private. Employers are typically permitted to access any devices that employees use for work.
Keep in mind that California is a two-party consent state, meaning secret recordings may be inadmissible in court. In some situations, you may even be fined. The National Labor Relations Board (NLRB) sometimes protects workers who record workplace conversations if the recordings are used to report workplace misconduct. If you have questions about what you can and can’t record, speak to your attorney first.
Tell the Harasser to Stop If it is Safe to Do So
A clear, documented objection strengthens the unwelcome element of a harassment claim. It’s important to say it directly, in writing, or in person with a witness. However, if confronting the perpetrator is unsafe, skipping this step does not invalidate or weaken your case. If the harasser has power over you or you fear retaliation, you can go straight to the next step. It is not worth risking your safety.
Check Your Company’s Harassment Policy
Find your employee handbook or company guidelines, and identify the appropriate channel for reporting misconduct. Using the internal reporting process creates a record of your complaints and puts your employer on legal notice. All California employers are required to have a written harassment policy. If there isn’t a policy or the person you are supposed to report to is the person harassing you, your attorney can help you file the report.
Report the Harassment in Writing
When you report the harassment, do so in writing, either by letter or email. Keep the report factual and specific with the documentation you have collected. Make sure your copies are kept safely off-site. Make copies of your letter or email for your own records. If you report the harassment verbally, follow up with a written confirmation on the same day. Remember, HR works for the company, so stay professional and don’t assume that your report will stay confidential. However, reporting remains an essential step in building a strong case.
File a Charge With the EEOC or Your State Agency
If your report does not put an end to the harassment or your employer retaliates, file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Civil Rights Department (CRD, formerly DFEH) in California. Filing a charge against your employer is usually required before a lawsuit. Internal complaints do not pause the filing deadline or extend the statute of limitations. Find out more about deadlines below.
Talk to an Employment Attorney
If you experience retaliation, employer inaction, or severe conduct after reporting, or if the harasser is your employer, contacting an attorney is an important part of the process. At HHJ Trial Attorneys, we offer free, confidential consultations where we review your evidence and discuss your legal options. We also work on a contingency fee basis so you don’t pay us unless we win your case. We have won over $7.5 million in sexual abuse and harassment settlements, and we are confident in our ability to support survivors of workplace sexual harassment.
Protect Your Position While the Process Plays Out
Keep doing your job to the best of your abilities, because poor performance gives your employer the grounds to either fire or demote you. Don’t quit before you get advice from your attorney, because it can weaken wage claims. Constructive discharge may be a path you can take with the support of legal counsel. That means the working conditions become so intolerable that a reasonable employee would feel forced to resign, and the law may treat that resignation as if the person had been terminated. Document any changes in how you are treated at work after filing the complaint as potential evidence of retaliation.
Your Legal Rights and Protection From Retaliation
Retaliation for workplace complaints is illegal. Wrongful termination, demotions, pay or hour cuts, schedule changes, bad reviews, or exclusion after a complaint made in good faith can give rise to a second legal claim. For example, a disgruntled employer can substantially reduce the number of shifts you work per week, or you may be left out of communications and meetings. Most workplace retaliation is subtle at first, but it escalates in severity if you don’t quit.
According to the California Department of Fair Employment and Housing Workplace Harassment Prevention Guide For California Employers, you have the right to discuss the harassment with coworkers, participate in investigations, file with a government agency, and testify with full legal protection. It is also valid to choose to do nothing until you are ready. Your specific timeline is up to you and the statute of limitations set forth by California law.
How Much Time Do I Have to File a Complaint or Sue?
Federal law gives you 180 days from the last incident of harassment to file a Charge of Discrimination with the EEOC. That deadline extends to 300 days if your state has its own agency enforcing similar anti-discrimination laws, which most states, including California, do. You must file this charge before you’re allowed to sue in federal court; there’s no way to skip straight to a lawsuit. Once the EEOC closes your case and issues a Notice of Right to Sue, you have 90 days to file in court, and courts enforce that deadline strictly.
What Compensation Can You Recover?
There are three types of compensation that a victim can receive if their case is successful: economic, non-economic, and punitive. The specific amount depends on the details of your case and the severity of the resulting harm.
- Economic Damages. This form of compensation covers all financial, quantifiable losses caused by the defendant. Lost wages, lost employment benefits, and medical care you paid for out-of-pocket due to lost health insurance all count as economic losses.
- Non-Economic Damages. Emotional distress and psychological harm like anxiety, depression, and PTSD aren’t easily quantified, but they are still considered valid losses.
- Punitive Damages. Only awarded in cases where the defendant’s actions are malicious, oppressive, or show a reckless disregard for the victim’s rights and safety.
If you were unjustly dismissed from your job, your employer may also be ordered to reinstate you to the same position and with the same pay as before. Your employer can also be ordered by the court to change their policies. Your attorney can evaluate which legal remedies apply to your situation.
Contact a Trustworthy Lawyer to Evaluate Your Case
In some cases, your employer may appropriately address the issue and correct the problem, up to and perhaps including the termination of the offending individual. However, not every business follows its own procedures correctly. You may continue to experience harassment, or perhaps you’ve experienced illegal retaliation because of your report. In these circumstances, the next step is clear: connect with an attorney to represent you.
At HHJ Trial Attorneys, we treat every case as an individual matter, providing our clients with personalized attention and a safe place to discuss their concerns. With in-depth litigation experience, we have the strength to stand up for your right to a workplace free from harassment. Contact us today to share your story during a scheduled consultation.
