Understanding California Workplace Harassment Laws And What You Need To Know

Workplace harassment remains an unfortunately common occurrence that can cause severe emotional, psychological, and professional damage. When employers fail to prevent or address unlawful harassment, victims may find it necessary to pursue legal action. Understanding the grounds for filing a harassment lawsuit empowers affected individuals to stand up for their rights.

Constitutes Harassment in California

California and federal law protect employees from harassment based on protected characteristics like race, gender, age, disability, or religion. Harassment encompasses severe or pervasive unwelcome conduct that creates an intimidating, hostile, or offensive work environment.

Harassment can take many forms, both physical and verbal. Examples include:

• Sexual harassment - unwelcome sexual advances, requests for sexual favors, or visual, verbal or physical conduct of a sexual nature
• Racial harassment - racial slurs, threats, derogatory comments or images
• Disability harassment - mocking or offensive remarks about a disability
• Religious harassment - insults towards religious beliefs, practices or garments

The key is that the behavior targets protected traits and interferes with work performance or emotional well-being.

Key Legal Grounds for Harassment Lawsuits

Several situations provide strong grounds for pursuing a harassment lawsuit against an employer:

Failed Response to Complaints

If employees properly report harassing behavior through designated channels but the employer fails to address it, legal action may become necessary. Companies have obligations under California's Fair Employment and Housing Act (FEHA) to prevent and correct harassment. Failing to reasonably investigate claims or take corrective action builds a case.

Tangible Job Impact

Experiencing demotions, undesirable transfers, loss of benefits, or termination resulting from rejecting advances or complaining about harassment strengthens grounds for a suit. Adverse employment actions must connect to the harassment.

Severe or Pervasive Misconduct

The severity or pervasiveness of the unwelcome conduct factors into harassment claims. Isolated minor incidents typically don't qualify, but frequent or egregious misconduct that unreasonably interferes with work life often constitutes grounds for legal action.

Retaliation

Retaliating against employees for filing harassment complaints also violates the law. If employees experience threats, punishments, or firings for reporting harassment, additional retaliation claims should accompany the suit.

Steps to Take Before Filing a Harassment Lawsuit

Prior to filing a harassment suit in court, affected individuals must take certain legal steps:

File an Internal Complaint

Employees should first file a complaint through their employer's designated harassment reporting procedures. This creates a record of the attempt to resolve issues directly and triggers the employer's obligation to investigate.

Submit Administrative Charges

Before filing a lawsuit, employees must submit administrative charges to either the federal Equal Employment Opportunity Commission (EEOC) or the state-level California Civil Rights Department (CRD). These agencies investigate claims of unlawful discrimination or harassment.

Employees have 300 days from an incident to file charges with either agency. The agency determines if reasonable cause supports the allegations and may pursue resolution through mediation or litigation. Employees receive a "right to sue" letter to pursue private lawsuits if negotiations fail or the agency declines to litigate.

Legal Remedies in Harassment Lawsuits

Compensation comprises the primary remedies pursued through harassment lawsuits. Successful claims may recover:

• Lost income from missed promotions, wrongful termination, or damaged career trajectory
• Medical costs associated with emotional distress
• Emotional distress damages for humiliation, pain and suffering
• Punitive damages in egregious cases
• Attorney's fees

While money cannot undo harm caused, it enables access to treatment and offers some retribution. Experienced California harassment lawyers understand how to prove and calculate the full scope of financial damages.

Take a Stand Against Workplace Harassment

Enduring workplace harassment leaves emotional scars and destroys careers. Seeking justice holds employers accountable and brings some remedy.

If you have experienced harassment at work, contact TONG LAW online or call 855-TONG-LAW for a free consultation with our dedicated employment law team. Together, we can work to eliminate harassing behavior.

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