Sexual harassment in the California workplace is a serious issue that many individuals face. Understanding your rights and knowing how to prove sexual harassment can help you take appropriate action. Thankfully, you don’t have to go through it alone. The team at Betts Law Group is committed to helping you recover your voice and reclaim your power throughout this challenging process.
This blog will guide you through the process of identifying and proving sexual harassment in California, the criteria for workplace harassment, and the necessary steps to take action.
How to Prove Sexual Harassment at a Workplace in California
Proving sexual harassment can be challenging, but knowing what to look for and how to document it is essential. Here are some steps to help you build a strong case:
- Document Incidents: Keep a detailed record of all incidents, including dates, times, locations, and descriptions of the behavior.
- Save Evidence: Preserve any physical evidence, such as emails, text messages, or voicemails, that support your claim.
- Witnesses: Identify and, if possible, obtain statements from witnesses who observed the harassment.
- Report the Harassment: Follow your company’s procedure for reporting harassment. If there is no procedure, report it to a supervisor or human resources. Always make the complaint in writing. Even if human resources wants to keep the meeting in person, send a follow-up email.
What Are the Two Criteria for a Hostile Work Environment?
To be considered harassment, the behavior must meet two main criteria:
- Severe or Pervasive: The conduct must be either severe (one serious incident) or pervasive (repeated incidents over time) enough to create an intimidating or offensive hostile work environment that alters the ability or conditions to do your job.
- Unwelcome: The behavior must be unwanted and unwelcome by the victim.
What Qualifies as Sexual Harassment in the Workplace in California?
Sexual harassment in the workplace can take many forms. It includes, but is not limited to:
- Unwanted Physical Contact: Touching, hugging, kissing, or any other physical contact that is not welcomed.
- Inappropriate Comments: Making sexually explicit comments, jokes, or gestures.
- Quid Pro Quo: Suggesting that employment benefits, such as promotions or raises, depend on submitting to sexual advances.
- Visual Harassment: Displaying sexually suggestive images, posters, or emails.
What Evidence Do I Need to Prove a Hostile Work Environment in California?
Proving a hostile work environment includes demonstrating that the harassment was severe or pervasive enough to affect your work environment. Key pieces of evidence include:
- Detailed Records: Notes of each incident, including what happened, who was involved, and any witnesses.
- Communications: Emails, texts, or voicemails that document the harassment.
- Witness Statements: Testimonies from coworkers who witnessed the harassment or its effects on you.
- Company Policies: Copies of company harassment policies and any reports or complaints you made according to these policies.
Should You Take Action Against Sexual Harassment?
Taking action against sexual harassment is crucial for your well-being. You have a right to a safe workplace free from harassment and discrimination. Here are some steps to consider:
- Report the Harassment: Follow your company’s reporting procedures. If your employer does not address the issue, you may need to take further action.
- Seek Support: Talk to trusted friends, family, or a counselor for emotional support.
- Consult an Attorney: Contact an employment law attorney to discuss your situation and understand your legal options.
Contact an Employment Law Attorney
If you believe you have a case of sexual harassment, contacting an employment law attorney can provide you with the guidance you need. An attorney can help you understand your rights, evaluate the strength of your case, and advise you on the best course of action.
The Betts Law Group has extensive experience in employment law and can help you elevate your voice to get justice. We understand that you may feel vulnerable and afraid to speak out, but we treat our clients like family and will help you find your voice.