Harassment has no place in the workplace. It is illegal, but it still happens and proving it can be difficult for the victim. Employers have an obligation under California law to educate and train their employees about policies and laws in place to protect against harassment at work.
While sexual harassment is typically thought of as a male actor against a female victim, the law does not have any such requirement. Employees must take action against conduct that is believed to be sexual advances, requests for favors or other unwelcomed conduct, regardless of gender.
There are two types of legal harassment: quid pro quo and hostile work environment.
Quid pro quo harassment is when an employer or supervisor makes sexual acts a condition of employment, whether it be for hiring, promotion, pay raises or other perks. An unwanted demand is illegal whether the employee accepts or denies the demand.
Hostile work environment, on the other hand, is when the behavior and conduct is so severe and pervasive that a reasonable person would consider it intimidating, hostile, abusive, or prevents the employee from doing his or her job.
Employers often don’t train their employees (including supervisors and upper management) on the behaviors that are not permitted in the workplace. And employers often don’t provide effective complaint procedures for reporting this type of misconduct in the workplace.
If you’ve been harassed at work, it’s important to create verifiable documentation of the harassment. This means saving copies of offending emails, text messages or other documents, and taking photos or videos of inappropriate conduct. If possible, use the company’s reporting system or speak to an uninvolved supervisor. There are many circumstances where speaking up is difficult or impossible without the fear of retaliation – we understand. But having the best evidence of the wrongs you’re facing will greatly help your case in the long run.
If you’ve been subject to harassment, discrimination or retaliation at work, call Ashley Davenport at 310-504-3989 for a free consultation to discuss your potential claims.