Navigating California’s Harassment Laws as an Employee
Are you worried about protecting your rights as an employee? California employment harassment laws ensure the rights of employees in many layers. This article will provide a detailed discussion on navigating California harassment laws as an employee. So let’s get started.
California employment harassment laws
Legal Definition of Workplace Harassment
Quid Pro Quo harassment states a situation where a supervisor demands sexual engagement in return for giving a promotion or another benefit. Hostile work environment harassment describes the situation of workplace bullying.
Different Forms of Workplace Harassment
Other than sexual harassment, there is some non-sexual workplace harassment, according to the Government Code 12940 GC. These are based on:
- Race
- Religion
- Physical or mental disability
- National Origin
- Medical Conditions
Prevention of Workplace Harassment
You can take these steps to prevent workplace abuse and navigate California’s harassment laws as an employee:
- Make the employees aware of an anti-harassment policy
- Outline written policy to prevent sexual abuse
- Conduct training sessions for the supervisors
- Use the CRD poster on harassment laws
- Give the CRD brochure to employees
How to file a workplace harassment lawsuit in California?
If you face harassment in your workplace, you can take legal steps immediately. Follow the process below to do so.
Report the harassment in the workplace
Firstly, you need to inform the authority or employer of the workplace about the issue. According to the law of California, the employer is legally bound to take immediate action. If the situation does not improve, you need to take further steps.
File a harassment complaint
You must start by submitting an intake form to the California Civil Rights Department (CRD). You should provide the details of inflicted abuse on you in the state. If your harassment claim can be enforced by the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, Disabled Persons Act, and Ralph Civil Rights Act, the CRD will take your case and operate further investigation. Moreover, if their investigation results favor your claim, they will arrange a settlement conference. If it does not get settled through the mediation of CRD, they will file the lawsuit in court on your behalf.
Collect a “Right to Sue” letter
After obtaining the “Right to Sue” letter from CRD, you will get one year for filing a lawsuit against your employer or abuser. You can avoid the investigation of CRD beforehand and ask for a “Right to Sue” letter immediately.
Workplace harassment lawsuit settlements
The settlement of the harassment lawsuit is decided based on the situation, type, and severity of the harassment. However, the average compensation happens for approximately $50,000 dollars. You may consult a lawyer to calculate the exact worth of your damage and loss.
What compensations are recovered from a successful harassment lawsuit in California?
In California, you will be compensated for your medical expenses (only for diagnosable medical conditions), lost wages, and emotional distress.
Final Words
California employment harassment laws are strict about reducing all kinds of misconduct in the workplace. You can take legal steps in case you feel your rights are violated. Hopefully, this article on navigating California’s harassment laws as an employee will benefit you.
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