While the employment laws in California prohibit sexual harassment in the workplace, unwanted sexual advances can still occur in many organizations, and both men and women may experience sexual harassment. The most effective remedy for sexual harassment is prevention, and the burden of preventing it rests on the employer. It is the employer’s legal obligation to ensure the workplace environment is safe for all their employees. If they ignore the problem, search online for “sexual harassment lawyers near me” and find a reputable one to represent you in a sexual harassment lawsuit.

Sexual harassment in the workplace

You may face sexual harassment in the workplace from someone higher up than you in the organizational hierarchy. Taking advantage of the power imbalance, the person might demand sexual favors in return for giving you a promotion, a raise, or other work benefits. They might threaten you with demotion, poor work rating, or job loss if you refuse their advances.

Sexual harassment can also come from co-workers, clients, vendors, and other people associated with the organization. They might pester you for dates and sexual favors, make offensive remarks, send you vulgar messages and images, or invade your personal space to make unwanted physical contact.

Putting up with such unwanted and unpleasant behavior can be an intimidating experience for most victims and can lead to a hostile work environment. It can harm your work performance and, ultimately, your career. That is why you need to take immediate steps to stop it.

Preventing workplace sexual harassment

In California, the Fair Employment and Housing Act (FEHA), enforced by the Department of Fair Employment and Housing (DFEH), is the principal statute that prohibits workplace discrimination. Title VII of the Civil Rights Act of 1964, enforced by the U.S. Equal Employment Opportunity Commission (EEOC), also prohibits such discrimination. In both cases, the prohibited discrimination includes sexual harassment.

Employers in California are legally required to adopt and enforce a strict anti-harassment policy. They must do the following:

• Create a worded sexual harassment prevention policy

• Let employees know that there will be zero tolerance for sexual harassment

• List the unwanted behaviors that can constitute sexual harassment

• Include the organization’s anti-sexual harassment policy in the employee handbook

• Post-anti-sexual harassment policy posters in prominent locations for employees to see

• Distribute anti-sexual harassment policy brochures to all employees

• Provide a straightforward procedure for filing complaints

• Assure employees that they will not face retaliation for complaining

• Take every complaint seriously and investigate it impartially

• Respond with immediate and proportionate disciplinary action against perpetrators

• Issue warnings to potential offenders whose behavior is not yet legally actionable

• Conduct mandatory anti-sexual harassment training programs for all employees

Tips for employees

You can do the following at your end to prevent sexual harassment and predators at your workplace:

• Acquaint yourself with your company’s anti-harassment policy

• Do not tolerate any unwanted verbal or physical behavior from the start

• Inform the perpetrator in clear terms that you find their behavior offensive

• If that does not deter them, inform your supervisor immediately and have them intervene

• If the situation continues, gather evidence and file a formal complaint with the HR department

• Speak up in defense of other victims if you see sexual harassment happening

Hiring a sexual harassment lawyer

While employers are legally obliged to prevent sexual harassment in the workplace, some may not be very proactive in taking immediate disciplinary action against the perpetrator. That may cause some perpetrators to think they can get away with such behavior, and they may escalate their harassment. In such a situation, you may need to take legal action to end the harassment. You can find a sexual harassment lawyer from the recommendations of family and friends, or you can find one by searching online for “sexual harassment lawyers near me.”

Before hiring a sexual harassment lawyer, it is advisable to do the following:

• Find out about their legal credentials and experience

• Read client testimonials on their website and other sites

• Check if they offer an initial consultation for free

• Inquire about their success rate with cases similar to yours

• Ask about the fees and additional expenses they will charge

• Ask about the compensation you can get if they win the case