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Sexual harassment undermines your ability to work effectively and creates an unsafe environment. Whether you're experiencing unwanted advances, inappropriate comments, or other unwelcome conduct, understanding your rights and how to respond protects your career and dignity. California law provides strong protections, but navigating the process requires careful action.
Here are five essential steps to take:
1. Recognize What Constitutes Sexual Harassment
Understanding what qualifies as harassment is essential. California law recognizes two main categories:
- Quid Pro Quo Harassment – This occurs when someone in a position of authority requests sexual favors in exchange for job benefits, such as promotions, raises, or continued employment.
- Hostile Work Environment – This develops when unwelcome sexual conduct becomes severe or pervasive enough to create an intimidating or offensive workplace. This includes inappropriate touching, sexually suggestive comments, explicit materials, or persistent unwanted advances.
Both forms are illegal, regardless of whether they come from supervisors, coworkers, or clients. You don't need to prove job loss—creating a hostile environment violates the law.
2. Document Everything Thoroughly
Detailed records strengthen your case and provide clear evidence. Start documenting immediately, including the date, time, and location of incidents, what happened and was said, names of witnesses, and how the harassment affected your work. Save emails, text messages, voicemails, notes, or any physical evidence.
If you report harassment internally and your employer fails to act, document those conversations too. Note who you spoke with, when, and their response. This shows your employer knew about the problem and didn't address it properly.
3. Report the Harassment Through Proper Channels
California employers must take reasonable steps to prevent and address harassment. Reporting through established procedures gives your employer the chance to respond and strengthens your legal position.
Check your employee handbook for reporting procedures. Many companies designate HR or a compliance officer for complaints. Report in writing when possible to create a record. If you report verbally, follow up with an email summarizing the conversation.
Your employer cannot legally retaliate for reporting harassment. If you face demotion, reduced hours, or termination after complaining, you may have additional legal claims.
4. Understand Filing Deadlines and Your Legal Options
California law requires filing administrative complaints within specific timeframes. You can file with the California Civil Rights Department (CRD) within three years of the harassment, or with the Equal Employment Opportunity Commission (EEOC) within 300 days for federal claims.
These deadlines are firm—missing them can prevent you from pursuing your case. Even while working toward internal resolution, don't let these deadlines pass. Filing with the CRD or EEOC protects your rights and is often required before pursuing a lawsuit.
5. Seek Support from Experienced Legal Counsel
Dealing with sexual harassment is challenging emotionally and professionally. An experienced employment attorney can help you understand your rights, evaluate your case, guide you through procedures, communicate with your employer, and pursue the compensation you deserve.
At Gaines & Gaines, APLC, we've represented California employees for over five decades, focusing exclusively on employee advocacy—never employers. Our attorneys bring extensive experience handling sexual harassment cases in state and federal courts throughout California.
Our firm provides personalized attention with 24-hour response times to client inquiries. Whether negotiating a settlement or pursuing litigation, we bring the knowledge and dedication needed to protect your rights.
Moving Forward After Sexual Harassment
No one should endure sexual harassment at work. California law provides strong protections, but enforcing those rights requires decisive action. By documenting incidents, reporting properly, understanding deadlines, and seeking legal counsel, you can protect yourself and hold your employer accountable.
Sexual harassment affects your livelihood, professional reputation, and dignity. Taking prompt action helps you reclaim control of your career and work environment.
How Gaines & Gaines, APLC Can Help
Every sexual harassment case involves unique circumstances. We listen to your story, evaluate the facts, and develop a strategy tailored to your goals. With over 50 years of employment law experience, we handle even the most complex harassment cases throughout California.
Our client-focused approach prioritizes your needs while working diligently to achieve results that protect your rights and future. We'll discuss your situation, explain your options, and help you determine the best path forward. You deserve a harassment-free workplace, and we're here to help make that a reality.
Contact Gaines & Gaines, APLC at (866) 400-4450 or submit a contact form to schedule a free initial consultation.