What Is Your Legal Recourse When You Have Been Sexually Harassed at Work?
Despite significant societal progress, sexual harassment remains a persistent issue in many workplaces. If you’ve been subjected to harassing, hostile, intimidating, or abusive sexual conduct at work, it’s important to know your rights and the legal recourse available to you.
Report Criminal Conduct
If the harassment involves criminal behavior, or if you feel in any way in danger, it is your right to report it to law enforcement.
Civil Remedies: Are You an Employee Under California Law?
To pursue civil remedies, it is useful, as a preliminary matter, to understand whether you are considered an employee under California law. This classification may impact your rights and the procedures you need to follow. Another key factor is whether your employer provided you with an employee handbook. This document often outlines the necessary steps to report harassment, such as filing a formal complaint with human resources or participating in an internal investigation. It is important to properly follow any procedural steps prior to filing a lawsuit.
Document the Harassment
Maintaining thorough records can be helpful to your claim. Document incidents of harassment, noting dates, times, locations, and any witnesses. These records may you whether or not your case progresses to a legal complaint.
Filing a Complaint with a Public Agency
If your employer fails to address the harassment or retaliates against you, you can file a complaint with a public agency. In California, the Department of Fair Employment and Housing (DFEH)—recently renamed the California Civil Rights Department (CRD)—usually handles workplace harassment claims. Filing a complaint with this agency may be required before taking legal action in court.
Pursuing a Lawsuit
If your case is not properly addressed and/or resolved through your employer or through a public agency, you can escalate it to a court of law. You may be required to show that you have procedurally complied with the requirements set forth above before maintaining legal action. It would assist in your case to show that your employer knew or should have known about the harassment and failed to act. This is precisely the reason to document any complaints to your employer and or human resources. Each case is unique, and factors such as employee status, the nature of the harassment, and evidence of employer negligence play a significant role in determining the outcome.
How the Law Offices of Ali Taheripour Can Help
With over two decades of experience, the Law Offices of Ali Taheripour is dedicated to advocating for victims of workplace sexual harassment. Our skilled legal team will carefully assess your case, gather evidence, explain applicable laws, and seek justice and compensation on your behalf.
If you have been the victim of workplace sexual harassment, don’t wait to take action. Contact the Law Offices of Ali Taheripour today to schedule a consultation and discuss your rights. Let us help you secure the justice you deserve.