Going to work shouldn’t hurt. California employees have the right to a workplace free from discrimination and harassment under the Fair Employment and Housing Act (FEHA). If you are facing a toxic environment, it is crucial to consult a workplace sexual harassment lawyer to understand your rights and protect your career.
This guide provides a to-the-point roadmap for navigating this difficult situation and holding responsible parties accountable.
Table of Contents
Understanding the Legal Landscape
In California, sexual harassment includes unwanted sexual advances, or verbal/physical conduct of a sexual nature. It also covers harassment based on gender identity, sexual orientation, or pregnancy.
1. Prioritize Your Safety
If you are in immediate physical danger or have been assaulted, remove yourself from the situation and call 911. Your safety is more important than any job. Additionally, seek mental health support; this creates a medical record of the emotional distress caused by the harassment.
2. Document Everything (Off-Site)
Keep a detailed log of every incident. Do not store this on work devices. Record:
3. Preserve Digital Evidence
Save every text message, email, and voicemail. Take screenshots of social media interactions. While California requires two-party consent for recording live conversations, voicemails and written communications are admissible evidence.
4. Follow Company Reporting Policies
Review your employee handbook. Use the formal reporting channels (usually HR) specified by the company. This ensures the employer cannot later claim they were unaware of the situation.
5. Submit a Written Complaint
Always report harassment in writing (email is best). State clearly that the conduct is unwelcome and violates company policy. Keep a copy of this correspondence to establish a “paper trail” showing the employer was put on notice.
6. File an Administrative Claim (CRD/EEOC)
If the internal process fails, you must file a complaint with the California Civil Rights Department (CRD) or the federal EEOC. In California, you generally have three years from the date of the last incident to file. This is a mandatory step before you can file a private lawsuit.
7. Consult a Specialized Legal Advocate
Navigating FEHA and Title VII regulations is complex. Consulting with a dedicated Los Angeles sexual harassment Lawyer ensures that your rights are aggressively defended against corporate legal teams. Most specialized attorneys work on a contingency basis, meaning you only pay if you win.
Compensation and Retaliation
If your claim is successful, you may be entitled to Economic Damages (lost wages), Non-Economic Damages (emotional distress), and in some cases, Punitive Damages.
Important:
Retaliation is illegal. If your employer fires, demotes, or treats you poorly because you reported harassment, you may have grounds for an additional legal claim.
Quick FAQs
Disclaimer: This article provides general information and does not constitute legal advice. For specific guidance regarding your situation, please consult with a qualified legal professional.
