It seems that every single day, we hear allegations of sexual harassment against a new celebrity or politician. Many have had their day of reckoning and the people of the #metoo movement have been named Time Magazine's Person of the Year. Unfortunately, whether this powerful movement will truly have an impact on everyday people remains to be seen. If you have experienced sexual harassment in the workplace, please read the following.
You Have a Right to Work Free of Sexual Harassment
First and foremost, California Labor Laws under the Fair Employment and Housing Act (FEHA) protect employees from sexual harassment. The California Government Code makes it an "unlawful employment practice" for "an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring." What this means is that employers must take a sexual harassment complaint seriously, or they are in violation of the law.
Sexual harassment may include a "quid pro quo" sexual harassment situation in which a supervisor or someone higher in the chain of command makes a promotion or demotion contingent on unwanted sexual advances. Or it may involve a hostile work environment in which the victim is subjected to a pervasive pattern of harassment.
Making a Complaint
If the recent months have taught us anything, it is that employers need to take sexual harassment complaints seriously. One way for employers to take it seriously is to get an attorney on board. It is essential to look with an attorney at your employer's policies regarding sexual harassment and complaints. This should outline how to make a formal complaint and how the investigation will be conducted.
If your employer lacks a formal policy or has an insufficient policy that fails to provide you notice of your rights, this is a real problem for your employer. Likewise, if your employer delays in conducting an investigation, conducts a shoddy investigation, or fails to take proper corrective action to address the harassment, your employer and individuals responsible may open themselves up to considerable liability.
Call Moss Bollinger to Fight For You
Sexual harassment is intolerable and cannot be allowed to stand. If you have been the victim of workplace sexual harassment, call us today. Moss Bollinger is an employee rights law firm that takes pride in standing up to employers that violate the law. If you have been exposed to sexual harassment at work and your employer has not appropriately responded, you may be numerous remedies available under federal and state laws. Call us. We work on a contingency basis and do not get paid unless you do. Call the law firm of Moss Bollinger today at 800-249-1175 for a free consultation or use our online form.