Sexual harassment suffered at work is an unfortunate and severe problem that continues to affect employees in various sectors, affecting their mental health and their ability to perform adequately at work. Understanding what sexual harassment means, the legal protections for victims, and how to address these types of situations is critical for both employees and workers who are tasked with stopping these behaviors.
What is considered sexual harassment?
Sexual harassment can be any unwelcome and unwanted sexual behaviors, requests for sexual favors, or other physical and verbal conduct of a sexual nature that makes the victim feel vulnerable and harassed, creating a hostile, offensive, and intimidating work environment for those around them. This behavior can come from supervisors, colleagues, or even clients and can occur in any professional setting.
Protections for employees against sexual abuse
Under Title VII of the Civil Rights Act of 1964, sexual harassment is considered a type of discrimination, which is prohibited by federal law in our country. The Equal Employment Opportunity Commission (EEOC) is the agency responsible for making sure these laws are followed and offering protection for victims and guidance for addressing cases of harassment in the workplace. Employees who experienced sexual harassment can file a complaint directly with the EEOC and take legal action against issues that have failed to provide a safe work environment.
State Laws in California
In addition to federal laws, California has implemented regulations to protect further employees, such as the California Fair Employment and Housing Act (FEHA), which seeks to impose strict liability on workers for harassment committed by supervisors within their company and requires supervisors to provide mandatory training to their employees on harassment, its consequences, how to identify it, and how to report it if they experience or witness it.
How can you deal with a case of sexual harassment?
Suppose you or someone close to you has been a victim of harassment. In that case, you should document the incidents in writing or with photographs and videos, report them to the human resources department within your company, and seek legal advice if necessary or if you feel that you are not being heard. Employers should establish clear policies, provide training, and investigate complaints promptly to maintain a respectful and safe workplace for everyone.
Preventing sexual harassment in the workplace is everyone’s job. If you require legal support, you should know you are not alone. At Hernandez Law, we are here to fight for your rights and your workplace peace. Do not hesitate to contact us.
