How to Handle Claims of Employee Harassment Legally

Workplace harassment can create a toxic environment, impacting the employee’s well-being and the company’s success. Whether it’s based on gender, race, religion, disability, or other protected characteristics, harassment in the workplace is illegal under both federal and California state laws. When faced with harassment at work, employees may find it difficult to know how to address the situation legally. This guide aims to outline the legal steps employees can take to handle claims of harassment and protect their rights.

Recognize the Types of Harassment

The first step in legally handling a harassment claim is understanding what constitutes harassment. Harassment is any unwelcome conduct based on a protected characteristic, such as race, gender, age, or sexual orientation, that creates a hostile or intimidating work environment. Harassment can take many forms, including:

• Verbal abuse: Insults, jokes, or comments that target an individual’s protected characteristics.
• Physical conduct: Unwanted touching, physical intimidation, or other physical advances.
• Visual displays: Offensive emails, images, or gestures.

If you feel you’re being subjected to any of these actions at work, it’s important to recognize the behavior and determine whether it falls under legal harassment.

Document the Harassment

Once an employee identifies that they are experiencing harassment, the next crucial step is to document the incidents. Detailed records are essential for proving the claim. Employees should:

• Note the date, time, and location of each incident.
• Describe the specific actions or words involved.
• Record the names of witnesses or others who may have observed the harassment.
• Keep copies of any written or electronic communications (emails, text messages, or social media posts) related to the harassment.

These records will serve as vital evidence when filing a complaint or pursuing a lawsuit. Keeping a timeline helps show a pattern of harassment and strengthens the case.

Report the Harassment Internally

Before taking legal action, many employers provide an internal process for reporting harassment. Employees should follow their company’s procedure, which may include:

• Reporting the harassment to a supervisor, HR representative, or designated manager.
• Fill out any necessary forms provided by the company to document the complaint.
• Requesting an investigation into the harassment.

Employers may sometimes handle the situation promptly and fairly, ensuring the harassment stops. However, if the company fails to act or retaliates against the employee, further steps may be necessary to protect your rights. An experienced Los Angeles employment attorney at Azadian Law Group, PC, can assist in navigating these processes.

Know Your Legal Rights and Protections

Under federal laws, such as Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA), employees are protected from harassment based on race, color, sex, gender identity, sexual orientation, religion, national origin, disability, and other protected characteristics. These laws also protect against retaliation if an employee reports harassment.

If the employer does not resolve the issue internally or if the harassment continues after the employee reports it, employees have the legal right to file a complaint with government agencies like the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Filing a charge with the EEOC or DFEH is required before pursuing a lawsuit in court.

Filing a Complaint with the EEOC or DFEH

After an internal report is made, employees may choose to file a complaint with the EEOC or DFEH. The filing process generally involves submitting:

• A written complaint describing the harassment.
• Supporting documentation or evidence, such as witness statements or written communication.
• The date of the incident(s) and the individuals involved.

Once the agency receives the complaint, it will review the case and may conduct an investigation. This investigation can take months, and employees may be offered a settlement or a chance to proceed with legal action.

Seek Legal Representation from a Los Angeles Employment Lawyer

Harassment claims can be complex, and many employees may feel overwhelmed or unsure of their next steps. That’s why it’s crucial to consult a Los Angeles employment attorney if you believe your claim isn’t being taken seriously or if the situation worsens.

An employment lawyer will guide you through the legal process, including:

• Assessing the strength of your case: A lawyer will help determine if your claim qualifies under harassment laws and evaluate the evidence you’ve gathered.
• Negotiating a settlement: Often, harassment cases can be resolved through mediation or settlement negotiations, allowing employees to receive compensation without going to trial.
• Filing a lawsuit: If necessary, an experienced lawyer can file a lawsuit on your behalf, representing your interests in court.

Understand the Potential Outcomes of a Harassment Claim

If a case proceeds to litigation, the outcomes can vary. Possible remedies for victims of harassment include:

• Monetary compensation: For lost wages, emotional distress, or punitive damages.
• Injunctive relief: Orders to stop the harassment require the employer to take corrective actions.
• Reinstatement: If an employee was unjustly terminated or demoted due to harassment.

Additionally, the company may face penalties, including fines or mandated training for management and staff to prevent future harassment.

Preventing Future Harassment

Once a claim is handled, employees and employers alike should take steps to prevent future harassment. Employers must create and maintain clear anti-harassment policies and conduct regular training. Employees should feel empowered to report any harassment early, before it escalates.

By proactively addressing harassment, organizations can foster a safe and respectful workplace for all employees.

Conclusion

Handling employee harassment claims legally involves recognizing harassment, documenting incidents, reporting it to the employer, and possibly filing complaints with government agencies like the EEOC or DFEH. When necessary, consulting with a Los Angeles employment lawyer can help protect your rights and ensure you receive fair treatment. Remember, you have legal protections, and the experienced attorneys at Azadian Law Group, PC, are here to guide you through the process and fight for your workplace rights.