About Workplace Sexual Harassment
Employer Liability for Supervisor Harassment
In California, if a supervisor harasses an employee, there are grounds for a strict liability claim against the employer. This essentially means that, if the employee can prove that the harassment occurred, the company may be held automatically liable for damages. This is true regardless of whether the company knew about the harassment or attempted to stop it.
Employer Liability for Non-Supervisor Harassment
Employers may also be held liable for harassment by a co-worker, customer, or independent contractor. This is true if the employer should have known about the harassment, but failed to immediately stop it.
Steps to Take When Confronting Sexual Harassment at Work
If you are being sexually harassed in your workplace, it is important to take several specific steps. These steps can help you build a stronger case later if the situation leads to litigation.
Tell the Harasser to Stop
If feasible, you should tell the harasser to stop. State that you do not accept the harasser's behavior, specifically say what the offensive behavior is, and demand a stop to the behavior. Confirm this conversation in writing, and keep a copy of this conversation for your records.
Report the Harassment
If demanding the harasser stop their behavior does not work or is not feasible, report the harassment. See if your employee handbook provides procedures for reporting harassment. If it doesn’t, report the harassment to the human resources department. If your company doesn’t have a human resources department, report the harassment to your supervisor or upper management. Report the harassment in writing, preferably via email so there is a record of the report being sent to the appropriate persons.
Document Everything
It is vitally important to document everything regarding your sexual harassment case. Write a detailed description of what happened and your response, as well as the date, time, location, and names of any witness, Record any retaliation you received for rejecting the harassing behavior, or any retaliation you experienced after filing a claim.
Take Legal Action
Consider filing a lawsuit, particularly if you suffered retaliation or if your company failed to investigate the harassment, stop the harassment, or take steps to prevent the harassment from happening again. Employers are absolutely prohibited from retaliating against anyone who complains about witnessing or being a victim of sexual harassment. A San Diego workplace sexual harassment lawyer can advise you of your rights.
Preventing Sexual Harassment in the Workplace
In addition to promptly responding to and resolving reports of sexual harassment, employers must take proactive steps to prevent sexual harassment in the workplace. Creating a safe and respectful work environment is essential for the well-being of all employees and the success of the business.
Here are some ways California employers should prevent sexual harassment:
- Establish a clear sexual harassment policy that outlines what behavior is considered inappropriate and the consequences for violating the policy.
- Provide regular training for employees on sexual harassment, how to report incidents, and the company's procedures for handling complaints.
- Encourage open communication and create a culture where employees feel comfortable speaking up about any concerns or incidents.
- Take all complaints of sexual harassment seriously and investigate them promptly and thoroughly. Ensure confidentiality for those involved.
- Promote diversity and inclusion in the workplace to foster a respectful and inclusive environment for all employees.
By taking proactive measures to prevent sexual harassment, employers can create a safe and welcoming workplace for all employees. When employers fail in this, they should be held accountable. That is where our San Diego workplace sexual harassment firm comes in.
Legal Remedies for Victims of Workplace Sexual Harassment in San Diego, CA
Employees that sue under California law may recover damages for:
- Past and future medical
- Psychiatric expenses
- Past and future wage loss
- Damages for emotional distress
- Punitive damages
At AMartin Law, we fight for maximum compensation for every client in workplace sexual harassment cases. Many cases can be negotiated during settlement, but we are prepared to go to trial when necessary. Our goal is always to seek the best outcome for every client we represent.
Types of Workplace Sexual Harassment
Verbal & Written Harassment
Some examples of verbal and written sexual harassment include:
- Asking intrusive and explicit questions, including questions about orientation or history
- Making inappropriate jokes
- Making sexual comments or innuendos, including graphic comments about a person’s body
- Using sexually degrading words to describe someone
- Using derogatory comments, slurs, or nicknames
- Rating a person’s sexuality or appearance
Physical Harassment
Some examples of physical sexual harassment include:
- Making sexual advances
- Giving or asking for kisses, hugs, or massages
- Touching, patting, punching, stroking, squeezing, tickling or brushing against a person
- Leering or staring at body parts
- Making sexual gestures
- Impeding or blocking a person’s movement
- Attempting to or actually physically/sexually assaulting a person
Visual Harassment
Some examples of visual sexual harassment include:
- Sharing sexually inappropriate images or videos with co-workers
- Displaying or discussing sexually suggestive materials, objects, pictures, calendars, cartoons, or posters
Harassment Through Intimidation
Some examples of sexual harassment with an intimidation element include:
- Spreading rumors about a person’s sexuality or sexual activities
- Offering employment benefits in exchange for sexual favors
- Threatening or bribing a person to succumb to sexual activity
- Retaliating against a person for rejecting sexual advances or objecting to harassing conduct
- Stalking a person
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