Employees who experience sexual harassment may feel intimidated or uncomfortable reporting it. However, it is crucial for employees to understand that they have the legal right to complain about workplace sexual harassment without fear of retaliation from their employer. Employers are strictly prohibited from punishing or taking any adverse action against an employee who complains about sexual harassment. If an employer retaliates, the employee may be entitled to legal remedies, including compensation for damages and back pay.
It is the employer’s responsibility to take necessary steps to prevent workplace sexual harassment and address it promptly if it occurs. Employers are liable for sexual harassment committed by their employees or other individuals in the workplace, such as clients, vendors, or contractors. This liability applies whether the employer knew about the harassment or not.
Employers can be held accountable if they fail to take reasonable steps to prevent sexual harassment, such as implementing a written anti-harassment policy, providing employee training, and promptly investigating any complaints of harassment. Employers must also take prompt and effective remedial action to address any harassment that occurs. Failure to do so may result in legal consequences, including substantial damages and penalties.
When writing your complaint, be specific and provide as much detail as possible. Be sure to include:
It is important to describe the behavior in as much detail as possible, including any inappropriate comments, gestures, or physical contact that you experienced. Once you send in your formal complaint, be sure to keep a copy of the complaint yourself as well as all correspondence thereafter.
Keep in mind that your employer has a responsibility to investigate your complaint and take appropriate action to address the situation. Failure to do so can result in liability for the employer.
Dear [Human Resources Representative],
I am writing to report that I have been subjected to sexual harassment in the workplace, which is prohibited by California law. The harassment has created a hostile work environment, and I feel that it is important to bring this matter to your attention.
Specifically, [describe the behavior or incidents that constitute the harassment, including dates, times, and any witnesses]. This behavior has created an uncomfortable and intimidating environment for me and has interfered with my ability to do my job effectively.
I am requesting that an immediate and thorough investigation be conducted into this matter, in accordance with California law. I also request that appropriate action be taken to put a stop to the harassment and prevent it from happening in the future.
As you know, California law prohibits retaliation against an employee who reports sexual harassment. Therefore, I request that you take all necessary steps to protect me from any retaliation or adverse action for reporting this matter.
Please keep the matter confidential to the extent possible to protect my privacy and prevent retaliation.
Thank you for your prompt attention to this matter.
If you have been experiencing sexual harassment in the workplace, it is important to seek legal guidance to understand your options. At Nabati Law, we offer a 100% free consultation to help you understand your legal rights and options. Every case is different, and we will take the time to listen to your unique situation and help you determine the best course of action.
We are dedicated to fighting for justice and holding employers accountable for workplace sexual harassment. We can assist you in all areas of sexual harassment law including filing a complaint with the appropriate agencies, negotiating a settlement, or pursuing a lawsuit if necessary.
Don’t suffer in silence. Contact us today to see how we can help you take action and put an end to the harassment.