Can You Sue for Workplace Harassment?

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203

Yes, you can sue for workplace harassment, but a harassment lawsuit involves several legal steps and requirements. Harassing behavior at work is a serious issue and California state laws provide protections for employees who face gender identity harassment, workplace bullying based on national origin, age discrimination, and other characteristics that fall under a protected class, such as race, disability, religion, and sexual orientation.

Under both federal law and state law, workplace harassment can create a hostile work environment, and employees have the right to take action if they experience repeated and unwelcome harassment or employment discrimination. In California, the Fair Employment and Housing Act (FEHA) is a crucial statute for employees who face harassment or a hostile workplace.

To successfully sue for illegal harassment, an employee must demonstrate that the hostile behavior was severe or pervasive enough to create a hostile work environment, or that they were demoted or fired because of their refusal to endure harassment.

What Qualifies as Workplace Harassment?

Workplace harassment is defined as unwanted and unwelcome conduct based on protected categories, which interferes with an employee’s work performance or creates an intimidating or hostile work environment. Harassment can take many forms, including:

• Verbal harassment: Derogatory comments, slurs, jokes, or insults based on race, gender, religion, and more.
• Physical harassment: Unwanted touching, physical intimidation, or other inappropriate physical behavior.
• Visual harassment: Displaying offensive symbols, cartoons, or imagery that demeans a protected group.
• Sexual harassment cases: Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Under California law, harassment becomes unlawful when it is severe or pervasive enough to create an abusive work environment. Occasional isolated comments or jokes may not rise to this level unless they are particularly egregious.

Steps to Take When Pursuing a Workplace Harassment Claim

1. Document the HarassmentThe first step in pursuing a harassment claim is to keep a detailed record of all incidents and report harassment. This documentation can include:
   • Dates and times of each harassment incident.Details of what occurred, including any witnesses present.How you responded to the harassment.Any communication you had with the harasser, or with management about the incidents.
   Keeping this record is crucial for proving your case later, especially if the harassment is ongoing.
2. Report the Harassment to Your EmployerBefore taking legal action, employees should report the civil harassment to their employer. Most companies have policies and procedures in place for handling workplace harassment claims. This step often involves:
   • Filing a complaint with HR or a direct supervisor.
   • Following up on the complaint if the harassment persists or if no action is taken.
   • Reviewing company policies to ensure you are adhering to internal complaint procedures.
   Under California law, employers are obligated to take steps to prevent and address workplace harassment. By law, they must have clear harassment prevention policies in place and provide training to employees.
3. File a Complaint with the California Department of Fair Employment and Housing (DFEH)If the harassment continues or if the employer fails to address it, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). This is usually required before an employee can file a discrimination lawsuit. The DFEH investigates complaints of workplace discrimination and harassment and may:
   • Attempt to mediate the dispute between you and your employer.Conduct a thorough investigation to determine whether unlawful harassment occurred.Issue a “Right to Sue” letter, allowing you to pursue legal action in court if no resolution is reached.
   The DFEH complaint must be filed within three years of the last harassment incident. However, this statute of limitations may be extended in certain cases, such as when the harassment involves a pattern of ongoing conduct.
4. Pursue Legal ActionYou can proceed to sue your employer for harassment once you receive a “Right to Sue” letter from the DFEH. Suing for workplace harassment is usually based on two main legal issues:
   • Hostile Work Environment: You will need to prove that the harassment was so severe or pervasive that it created a hostile work environment. This means that the harassment must have significantly altered the conditions of your employment.Quid Pro Quo Harassment: If the harassment involves unwelcome sexual advances or other conduct where rejection impacted your job.
   An employment law attorney, like the ones at Lawyers for Justice, PC (LFJ) will help you gather evidence and build your case. Evidence can include:
   • Testimony from witnesses who saw the harassment.
   • Emails, text messages, or other documentation of the harassment.
   • Records showing that you reported the harassment and how the company responded.
5. Settlement vs. Court TrialMany workplace harassment cases are resolved through settlement negotiations rather than going to trial. Your employer may offer to settle the case to avoid the cost and publicity of a court trial. Settlements can provide compensation for:
   • Emotional distress caused by the harassment.
   • Lost wages or benefits, if you were demoted or terminated due to the harassment.
   If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide the outcome. An LFJ attorney will guide you through the process and represent your interests in court.

Compensation Available for Workplace Harassment Claims

If successful in your lawsuit, you may be entitled to various remedies, including:

• Compensation for lost wages: If the harassment resulted in you losing income, being demoted, or being forced to quit your job, you may be compensated for the financial losses.
• Emotional distress damages: Harassment often causes emotional and psychological harm, and the court may award damages for emotional suffering.
• and more.

Have you ever wondered:

• can you sue for workplace bullying? can you sue a company for an employee harassing you? what to do if you are being harassed at work? The attorneys at Lawyers for Justice, PC can help. Call today for a free consultation.