Sexual harassment in the workplace can take many forms. The Oxnard sexual harassment attorney with Gutierrez Law Firm Trial Attorneys has encountered countless examples of it while protecting the rights of California workers. We know how insidious it can be, and we want you to be prepared to identify when it happens and how to protect yourself.
Understanding Sexual Harassment in the Workplace
We can understand sexual harassment in two categories. One is Quid Pro Quo, which is when a superior leverages some kind of employment action in exchange for unwanted sexual behavior and a hostile work environment that addresses general acts of sexual harassment. The definition of sexual harassment provided by the EEOC explains that unwanted sexual advances may be considered physical actions, words, jokes, images, or gestures. Some of the behaviors that may fall under this category include:
- Offering a raise or promotion in exchange for sexual favors (quid pro quo)
- Leering
- Sexual gestures
- Graphic comments or sexually degrading words
- Physical touching
- Impeding or blocking movement
- Asking about someone’s sex life
These types of behaviors can take the form of someone who persistently tries to ask you on a date, makes suggestive jokes about you, or a supervisor who tells you they will give you a higher rating on your performance evaluation if you go on a date with them. All of these may be considered sexual harassment, and none of them are okay.
What To Do When You Face Sexual Harassment
The state of California provides protections for workers facing sexual harassment. If you have concerns about sexual harassment in the workplace, there are multiple avenues to report the situation and find a resolution. While it is important to follow your company’s policy for escalating concerns like this, you may choose to speak with a lawyer at any point in the process to ensure your rights are protected, and you don’t accidentally take action that may damage your case.
Report Concerns to Your Employer
If you are pursuing a civil lawsuit for sexual harassment, you must be able to show that your employer was somehow negligent in protecting you from this behavior. If your employer doesn’t have the opportunity to intervene, you will not have a great case to demonstrate their knowing failure to act. Therefore, your first step should be to report the incident according to your company policy. This is often a report to a supervisor or HR.
If your employer fails to take action, you may want to contact an attorney for support and guidance on other options.
Document
You should ensure that any reports are done in writing and that all conversations are followed up with an email summary. This written follow-up provides evidence of what was happening. Additionally, it can allow the other party to clarify any misunderstandings, and a lack of a rebuttal or response may be considered their agreement. This is particularly true if you utilize delivery or read receipts.
E-mail is often an easy way to document these kinds of situations, but you may also choose to keep your own records of the events that corroborate your e-mails. This may include the date and time of the incident, and your narrative of what happened. This may be especially helpful if your follow-up does not warrant the summary.