Work should be a place where you feel safe and respected. For many employees in California, however, workplace harassment shatters this basic expectation. Sexual harassment is a violation of personal dignity as much as it is a violation of the law. If you’re facing unwanted behavior at work, you don’t have to endure it silently. Knowing your rights and the steps to take gives you the tools to stand up against harassment.
The Importance of “Severe & Pervasive”
In California, sexual harassment falls under the Fair Employment and Housing Act (FEHA), which prohibits “unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature.” To constitute harassment, the behavior must either affect your employment (e.g., hiring, firing, or promotions) or create a hostile work environment.
A key standard in identifying a hostile work environment is whether the behavior is “severe” or “pervasive.” These terms help evaluate whether an employee’s work environment has been compromised.
Severe Conduct: This refers to extreme incidents that can be considered harassment even if they occur only once. Examples include physical assault, graphic sexual propositions, or any behavior egregious enough to alter the conditions of employment. The focus is on the seriousness of the action and its immediate impact.
Pervasive Conduct: This applies to behavior that, while perhaps less severe individually, occurs frequently or repeatedly over time. Repeated sexual jokes, inappropriate comments, or the sharing of explicit images can create a pattern of behavior that adds up to a hostile work environment. Courts look at how often the behavior occurred and its impact on the employee. The phrase frequently used in conjunction is the “totality of the circumstance.”
Sexual harassment covers verbal harassment (e.g., lewd comments, sexual jokes), physical conduct (e.g., unwanted touching), and visual acts (e.g., inappropriate emails or explicit posters). No one should feel intimidated or uncomfortable at work, whether the actions are severe or pervasive.
What to Do If You Face Sexual Harassment
If you experience sexual harassment at work, taking decisive action is crucial to protect your rights. Below are practical steps to help you address the issue and build a strong case:
Document the Harassment: Start by keeping detailed records of each incident. Note the dates, times, locations, and names of everyone involved, including witnesses. Save any physical evidence, such as emails, text messages, or notes. A clear timeline and supporting documentation will strengthen your case if you report the behavior or pursue legal action.
Speak Up When Safe: If you feel comfortable and safe doing so, you can tell the person harassing you that their behavior is unwelcome. You can do this verbally or in writing, but an email is often a good option because it creates a paper trail. Be direct and professional but firm. For instance, you might say, “Your comments are inappropriate and unwelcome. Please stop.”
Report the Behavior: Most employers have procedures for handling harassment claims. Follow these procedures, often reporting the behavior to a supervisor, manager, or Human Resources department. Always put your complaint in writing to ensure a record of your report. If the person responsible for handling complaints is the harasser, go to the next management level.
File a Complaint: If your employer does not address your complaint or the harassment continues, you can file a complaint with the CRD (formerly the Department of Fair Employment and Housing). Filing a complaint with the CRD is necessary before you can file a lawsuit under FEHA. You typically have three years from the harassment date to file your complaint.
Seek Legal Support: Speaking with an employment attorney can clarify your rights and the best steps. An attorney can help you evaluate your case, file complaints, and represent you if the issue escalates to legal action. Having someone in your corner who understands the law and your situation can make all the difference.
Protect Yourself from Retaliation: California law prohibits your employer from retaliating against those who have taken the steps to report the harassment. Retaliation can include demotions, pay cuts, termination, or any other adverse action taken in response to your complaint. If you experience retaliation, document it and report it immediately. Retaliation claims are separate legal violations that can be addressed through the CRD or the courts.
Take a Stand Against Workplace Harassment
You deserve to work in an environment free from harassment, intimidation, and fear. If you feel you are a victim of sexual harassment, taking action now can protect your rights and hold wrongdoers accountable. At Sansanowicz Law Group, P.C., we fight for employees in California and advocate for those who need a voice. Contact us today for a free consultation to discuss your situation and explore your options for justice.
Leonard Sansanowicz
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