Sexual harassment in the workplace remains a serious issue that affects countless employees across California. Unfortunately, several misconceptions could prevent you from taking appropriate action against it. Differentiating between myths and facts could make it easier to protect yourself.
Sexual harassment only involves physical contact
You might believe sexual harassment only occurs through physical contact. However, sexual harassment takes many forms. Verbal comments, inappropriate jokes and patterns of unwanted romantic advances may all be considered harassment.
California law generally requires your harasser’s conduct to be sufficiently severe or pervasive enough to qualify as sexual harassment. An isolated minor incident is usually not enough, but a single severe act – such as groping – may count.
You lose your rights if you do not report harassment immediately
It is a common myth that if you fail to report sexual harassment right away, you lose your ability to take action later. While it is generally advisable to report discrimination as early as possible, you do not have to do it immediately.
California law recognizes that reporting sexual harassment can be difficult and provides reasonable timeframes for filing complaints.
You typically have three years to file with the Civil Rights Department (CRD) from the date of the last incident, and up to 300 days to file with the U.S. Equal Employment Opportunity Commission. If the CRD issues a “Right-to-Sue” notice, you may want to file your lawsuit by the deadline stated on the notice, which is often one year.
Only women can be victims of sexual harassment
Despite the belief that only women can face sexual harassment, it is not limited to one gender. The law protects all employees. You may also face harassment from a person who shares your gender, regardless of your sexual orientation.
You could still have a valid claim if you were harassed by a supervisor, coworker or client. However, your employer is only liable for client harassment if they knew or should have known about the conduct and failed to take immediate, appropriate action to stop it.
Protecting yourself and your workplace
Understanding these facts could help you recognize sexual harassment, making it easier to take appropriate action. Reporting inappropriate conduct may prevent it from happening in the future, potentially making your workplace safer for you and the people you share it with.