California Harassment Lawyer
Workplace harassment covers a broad scope of mistreatments. For example, harassment in California can include sexual based on gender, sexual based on sexual orientation, racial, or religious harassment – to name a few. Under the California Fair Employment and Housing Act (FEHA), the law’s ban on harassment extends to all employers – regardless of size.
Unfortunately, in many cases, harassment is allowed to continue taking place on the job because of the inaction of the harassed individuals, their coworkers, or their employer. Victims who keeping silent while harassment continues to take place are all too common. If you or a co-worker is experiencing any type of harassment on the job, please contact us immediately to set up a consultation.
Our California harassment lawyers can help bring the harassment to a stop and or take action to obtain justice – whether it be compensation, raises, or positions that were unfairly denied because of discrimination, and/or through the termination.
What to do if You Are Being Harassed
Being the victim of workplace harassment can be frightening, but it is important to take certain steps to ensure that the harasser is held responsible. So, if you are currently being harassed at work, you may want to consider taking the following actions:
- Read your employee handbook, which should contain important information on how to file an internal claim of workplace harassment.
- Submit a written letter documenting the harassment you suffered to a supervisor or manager;
However, just filing an internal claim or complaint with the company does not always preserve your rights for pursuing a harassment claim in court. Typically, to preserve your rights under state and federal laws, employees should consider submitting a complaint to the California Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunities Commission. The window to file these claims are subject to statutes of limitations. Therefore, it is smart to discuss your claims with an employment regardless as to whether you intend to proceed with litigation or just want to make an internal complaint so that you can understand your rights. We can help. Contact us today to discuss your questions of harassment in the workplace and allow us to help you protect your interests.
What if My Employer Knew About the Harassment Taking Place and Did Nothing to Stop it?
Even if your employer is not the party responsible for causing the harassment, he or she may still be found liable in a court of law if they knew about the discrimination and did not stop it or if it happened at the hands of a manager. In fact, all employers have a duty to take all reasonable measures to ensure that harassment does not take place. Specifically, as pursuant to California government code 12940, “It is an unlawful employment practice. . . to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.” If your employer knew or should have reasonably known that harassment was taking place, and did nothing to stop it, he or she can still be found negligent.
Additionally, under the California Fair Employment and Housing Act, the harasser themselves may be individually liable for the harassment against you.
The California Fair Employment and Housing Act Extends Protections Against Harassment to Independent Contractors
While federal law only provides protections for employees harassed in the workplace, the California Fair Employment and Housing Act extends protection against harassment to independent contractors, as well.
If you are being harassed at work, call an experienced California harassment lawyer today at the law firm of Scott • Wagner and Associates.