How To File A Workplace Harassment Complaint

How Can Individuals Report Workplace Harassment?

When employees observe or experience workplace harassment in California, they have two options for reporting the behavior. They can report the offensive behavior to the human resources department or speak with a supervisor or manager.

Regardless of what occurred or whom the employee speaks to first, employees should collect as much evidence as possible to support their claim of harassment.

How Can Individuals Report Workplace Harassment to Their Employers?

When discrimination or harassment occurs, workers should report the offensive behavior as soon as possible instead of waiting until the “right time.” The sooner the employee lets someone else know, the quicker supervisors can react and attempt to resolve the situation.

In California, employers can be found accountable for harassment of employees and non-supervisory workers or non-employees if the supervisor was aware of the behavior and did not take appropriate action to correct the situation immediately.

If the employer is unaware of the harassment, they can still find an employee accountable for their discriminatory or harassing actions.

All California employers should have instituted a policy for investigating and reporting claims of harassment. Employers should clearly explain these policies to their workers, and they should review and follow the policy.

Suppose workers in California are well-informed and aware of their workplace harassment policies. In that case, they will know when the business has failed to take proper actions in handling the harassment complaints.

How Can Individuals Report Workplace Harassment to the Government?

When individuals feel harassed at the workplace in California, they have options. While they should speak with their direct supervisors and human resource departments, they can also file a complaint with the California Department of Fair Employment and Housing (DFEH).

Complaints can be filed through DFEH directly online, via the phone, or through US mail. What should be included in the complaint?

Individuals who file a complaint with DFEH about a harassment case should include the following:

• Specific details of the encounter
• Specific records or evidence
• Who committed the harassment (name, contact information)
• Who witnesses the behavior (name, contact information)

Many individuals have successfully filed complaints with the DFEH complaint system online, but it is best for people to file complaints where they feel comfortable.

For those wondering if it makes sense or is worth it to file a complaint concerning offensive workplace behavior, discrimination, and harassment, it is. Individuals who experience harassment in the workplace can often collect damages and remedies. For example, many individuals find they are owed:

• Front pay
• Job reinstatement
• Promotions
• Reasonable accommodations
• Out-of-pocket expenses
• Back pay
• Witness fees
• Job training
• Policy changes
• Damages for emotional turmoil
• Punitive damages
• Lawyers’ fees

Additionally, some workers fired for illegal reasons are re-hired by their companies.

Those who suffer harassment may have a right to collect financial damages and other remedies from their employers, and employees should not ignore this right.

Which Individuals Can File a Harassment Complaint?

The harassment laws in California apply to many people, not only traditional workers. Harassment laws apply to:

• Volunteers
• Regular employees
• Interns (unpaid)
• Job applicants
• Contract workers

Additionally, undocumented workers can file complaints through the DFEH. However, filing a complaint with the DFEH is not the workers’ only option.

California workers can also file a complaint with the US Equal Employment Opportunity Commission (EEOC). If an individual logs a complaint with the DFEH first, then the DFEG will send the complaint to the EEOC if the DFEH thinks the harassment claim is also a violation of federal law.

How Long Do Individuals Have to File a Harassment Complaint in California?

Typically, individuals have three years to send a complaint to DFEH.

When harassment occurs before an individual is 18 years old, they have three years from the date the harassment occurred or one year after their 18th birthday, whichever provides more time. Individuals have 180 days after the harassment occurs to file with the EEOC.

While these time frames allow up to three years, no one should wait that long. When individuals collect evidence and file their complaints promptly, there is a better chance that their harassment case will be resolved quickly.

What Constitutes Harassment in the Workplace in California?

Employees in California should be free to work in an environment without harassment. California employees and supervisors should also treat each other respectfully and expect the same treatment.

Therefore, all individuals in the workplace should work to create an environment that is supportive and free of discrimination. When everyone, from managers to supervisors to colleagues, promotes a healthy working environment, the workplace is a more productive place.

However, not all companies in California abide by these rules. Some businesses fail to adequately inform employees about their harassment policies. When employers do not address the key issues of discrimination and harassment, employees remain uninformed, and mistakes and violations are bound to occur.

For employers, addressing discrimination and harassment is not a choice. Please contact our employer lawyer in Los Angeles about employee lawsuit on harassment and discrimination. Employers in California must also provide a safe environment for employees so that employees feel comfortable reporting discrimination or harassment if it occurs.

Can Individuals Sue for Workplace Harassment in California?

California employees have the right to take legal action when instances of workplace harassment occur. When cases of harassment or discrimination occur, employees should take action instead of letting the behavior carry on.

There are two steps for employees who witness or experience harassment in the workplace in California:

• Identify the discriminatory behavior
• Report the offensive behavior to an authority figure

How Can Employees Recognize Harassment in the Workplace?

According to the California Department of Justice, workplace harassment is defined as:

• Physical, verbal, or visual harassment that fosters an offensive or hostile environment based solely on a worker’s sex.

The individual or party does not have to be driven by a sexual desire to commit harassment. Often, sexual harassment is more about power and intimidation than it is about sexual desire.

When an individual’s conduct creates a hostile environment, and the behavior is motivated by gender identity or sex-related characteristics, it is considered harassment. This type of behavior is illegal in California.

Harassment is based on any of these traits:

• Childbirth
• Authentic gender identity
• Authentic sexual orientation
• Pregnancy
• Perceived gender identity
• Perceived sexual orientation
• Other medical conditions

Importantly, “actual” or “authentic” gender identity and sexual orientation are different than “perceived” sexual orientation or gender identity, but harassment based on both is equally offensive.

Often, workplace harassment takes different forms in real life than in the movies or on television. There are many types of harassment; while some are clear, others are more subtle. Workers should report all instances of harassment.

In California, identifying workplace harassment or a hostile work environment relies on the “totality of the circumstances.” This phrase means that each case includes different facts, scenarios, and individuals. California’s courts know that all sexual harassment cases are very different and that each case, therefore, must be uniquely treated.

When Should Individuals Contact an Employment Attorney?

When discrimination or harassment occurs in the workplace, many individuals struggle to figure out what to do or whom to tell about what happened.

Whether you need help filing a complaint or are not sure if what you experienced was harassment or not, Nakase Wade can help.

Our attorneys understand how difficult it is for employees to experience workplace discrimination, and we provide thoughtful, strategic legal counsel. However, if you have been a victim of workplace harassment or your supervisor discriminates against you, you have the right to fight back.

Often, employees can file a complaint against their employer and collect damages, and our lawyers can help you accomplish these goals easily. We have helped many individuals with discrimination and harassment cases in California, so contact Nakase Wace for a free consultation today.

Our legal team cares about our clients, and we firmly believe no employer should harass an employee. Our goal is to defend your rights and help you get your job back or collect a settlement. Most importantly, we want to ensure that your employer never allows discrimination or harassment to occur again.