How to Report Workplace Harassment to Your Employer
We spend a large portion of our days at work and deserve a low-conflict environment where we are treated with respect. Unfortunately, not all workplaces maintain a peaceful environment with respect for the human dignity of all employees.
Workplace harassment creates a hostile work environment that can impact physical, emotional, and financial well-being. Fortunately, both state and federal governments have robust protections in place for today’s employees, including the right of every worker to a safe and harassment-free workplace.
What Constitutes Workplace Harassment?
When an employer or a coworker acts in a way that’s intended to annoy, anger, irritate, or make you feel uncomfortable, it’s workplace harassment, particularly when the behavior is consistent and repeated. Common types of workplace harassment include the following:
- Sexual harassment, such as touching, making lewd comments or gestures, displaying sexually explicit materials, or asking for sexual favors in exchange for advantages at work
- Discrimination based on race, gender, gender identity, sexuality, religion, nationality, pregnancy, or age
- Personal harassment or targeting someone with antagonistic behaviors because of personal dislike
- Physical harassment or intimidating someone by physically blocking, touching, or shoving, or waving fists
- Verbal harassment such as yelling, swearing, bullying, excessive unwarranted criticism, or personal insults
- Psychological harassment such as emotional abuse, intentional isolation or exclusion, and gaslighting
- Power harassment or using a position of power to intimidate, setting unrealistic work goals, or making inappropriate comments about an employee’s subordinate position
- Online harassment or cyberbullying
- Third-party harassment from a vendor or contractor
- Employer retaliation for whistleblowing, wage disputes, or harassment lawsuits
The Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and California’s Fair Employment and Housing Act (FEHA) prohibit workplace harassment behaviors that create a hostile workplace environment.
Documenting Workplace Harassment Complaints In California
No one has to put up with workplace harassment. Instead, you can take steps to document evidence and report the harassment. First, write down the dates, times, and places where the harassing behaviors occur. Keep a journal or notebook with the details of each harassment event. Include the names of eyewitnesses to the behavior.
Then, try to resolve the problem by speaking with the perpetrator in a safe, private location along with a witness. If the perpetrator disagrees that their behavior is inappropriate or does not make positive changes, it’s time to take the next steps to protect your rights.
Reporting the Harassment to Your Employer
If the person harassing you continues or escalates the behavior after you’ve asked them to stop, report the problem to your immediate supervisor and your company’s human resources (HR) department. Ask the HR department to set up a meeting with your employer so you can report the problem directly to the employer in a formal complaint.
If the problem isn’t resolved internally and the harassment continues, you can file a complaint with the California Civil Rights Department (CCR) or at the federal level with the Equal Employment Opportunity Commission (EEOC).
Who Is Responsible for Workplace Harassment?
Regardless of who commits the harassment that makes your workplace a hostile environment, employers in California have a legal obligation to provide a safe and respectful workplace. If your employer fails to correct a workplace harassment issue and allows the hostile environment to continue, you have the right to file a lawsuit.
Furthermore, employers cannot retaliate against a whistleblower or an employee who files a workplace harassment complaint.
Hire an Orange County Employment Attorney Near You
Filing a workplace harassment lawsuit is a complex legal process requiring compelling evidence and meticulous attention to detail. By hiring our employment attorneys in Orange County, you maximize your chances of achieving your desired outcome.
Hiring an attorney as soon as you make the decision to demand accountability allows your lawyer to guide you through the entire process with experienced legal counsel throughout every step. Contact us at (949) 380-0900.