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What is Workplace Harassment?

Workplace harassment involves unwelcome conduct based on a protected characteristic that creates a hostile, intimidating, or offensive work environment. Harassment can take many forms, including verbal, physical, or visual actions. It is considered unlawful when:

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1. Enduring the behavior becomes a condition of continued employment.

2. The conduct is severe or pervasive enough to create a work environment that a reasonable person would find intimidating, hostile, or abusive.

Types of Workplace Harassment​

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1. Sexual Harassment

   • Includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

   • Examples: Inappropriate jokes, comments, touching, or pressure to engage in sexual activities.

2. Harassment Based on Protected Characteristics

   • Protected characteristics under California law include race, gender, sexual orientation, religion, national origin, disability, age, and more.

   • Examples: Racial slurs, mocking someone’s disability, or making derogatory comments about someone’s religion.

3. Quid Pro Quo Harassment

   • Occurs when employment decisions (e.g., promotions, raises) are contingent on accepting or rejecting unwelcome advances or conduct.

   • Example: A supervisor offering a promotion in exchange for a date.

4. Hostile Work Environment

   • Created by severe or pervasive harassment that interferes with an employee’s ability to perform their job.

   • Example: Persistent bullying, derogatory remarks, or public humiliation.

Recognizing Harassment in The Workplace

Recognizing workplace harassment is the first step toward addressing it. Look for the following signs:

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• Unwelcome comments or actions that target a protected characteristic.

• Repeated offensive jokes, insults, or name-calling.

• Physical intimidation, threats, or unwanted touching.

• Inappropriate emails, texts, or social media messages.

• Exclusion from meetings, projects, or opportunities due to bias.

Steps to Address Workplace Harassment

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1. Document the Harassment

• Keep detailed records of incidents, including dates, times, locations, and individuals involved.

• Save emails, messages, or other evidence of harassment.

2. Report the Harassment Internally

• Follow your company’s procedures for reporting harassment, usually outlined in the employee handbook.

• Report the issue to your supervisor, HR department, or another designated authority.

• Use written communication to ensure there is a record of your report.

3. File a Complaint with the Department of Fair Employment and Housing (DFEH)

• If internal reporting does not resolve the issue, you can file a complaint with the DFEH.

• The DFEH investigates harassment claims and may mediate or provide a "right-to-sue" letter if necessary.

4. Consult an Employment Lawyer

• A lawyer can assess the strength of your case, guide you through the complaint process, and represent you in legal proceedings.

5. File a Lawsuit

• If other avenues fail, you may file a lawsuit against the employer or harasser. An experienced employment attorney can help build a strong case.

Remedies for Harassment Victims

If your harassment claim is successful, you may be entitled to:

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• Compensatory Damages: Reimbursement for lost wages, emotional distress, or medical expenses.

• Punitive Damages: Financial penalties against the employer for egregious misconduct.

• Reinstatement: Returning to your previous position or a comparable role.

• Policy Changes: Court orders requiring the employer to implement anti-harassment training or policies.

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Conclusion

Workplace harassment is unacceptable and illegal. California’s robust legal protections ensure that employees have the tools to address and prevent harassment effectively. If you experience or witness harassment, understanding your rights and taking appropriate action can help create a safer, more inclusive work environment. For complex cases, consulting an experienced employment lawyer is essential to protect your rights and achieve justice.