Four Types of Workplace Harassment
Employment laws grant employees the right to a workplace free of harassment or discrimination. Unfortunately, some workers face unfair or harmful treatment based on their sex, race, religion, and other protected characteristics. There are several types of workplace harassment that could be at the center of legal action.
Discover the types of harassment that can arise in the workplace, and what you can do if you are experiencing mistreatment.
How Employment Attorneys in San Diego Protect Workers’ Rights
State and federal employment laws exist to protect employees from discrimination, harassment, wage theft, and more. But if an employer violates any of these laws, workers could pursue accountability with the help of experienced employment attorneys in San Diego.
Legal counsel understands the nuances and intricacies of California’s employment laws and federal legislation. They can help a worker understand their rights and whether taking legal action is appropriate. If an employee files a lawsuit against their employer, their attorney could be a knowledgeable resource throughout the process.
Some of the responsibilities of an employment attorney in San Diego include gathering evidence, evaluating potential damages, and negotiating settlement offers. Lawyers may also prepare for a trial if a case does not resolve outside of court.
Four Forms of Workplace Harassment Employees Should Know About
California’s Fair Employment and Housing Act defines workplace harassment as unwelcome conduct that creates a hostile work environment by being severe or pervasive. It is considered unlawful when based on a protected class, such as a worker’s sexual orientation, disability, national origin, or age.
Below are four types of most common workplace harassment that workers should be mindful of:
- Verbal harassment: This includes offensive or derogatory verbal comments made about a worker.
- Visual harassment: Displaying offensive images or making inappropriate gestures based on a protected characteristic could be considered visual harassment.
- Physical harassment: Physical harassment involves unwanted contact, like stroking someone’s hair or face.
- Sexual harassment: If someone’s unwelcome comments or gestures are of a sexual nature, it’s often considered sexual harassment.
Identifying Instances of Harassment in the Workplace
What do these four forms of harassment look like? A female employee may repeatedly endure unwanted physical contact by her male supervisor. If her colleagues are all male, and they don’t receive the same treatment, the physical harassment may indicate discrimination based on sex.
Say someone is Jewish, and their coworkers frequently make derogatory jokes or use antisemitic slurs. The consistent verbal harassment about their religion can make for a hostile work environment. They may have grounds to file a lawsuit, citing a violation of anti-harassment laws.
Despite efforts to prevent sexual harassment in the workplace, some workers still face unlawful mistreatment. This includes quid pro quo harassment, which typically involves someone in power offering an advantage to a subordinate in exchange for sexual favors. An example would be a male boss offering his female employee a raise only if she gives him nude photographs of herself.
Legal questions are raised when someone experiences retaliation for reporting harassment. Workers have a right to report any unlawful behavior happening at work. Employers in CA cannot retaliate against workers who exercise this right. Retaliation may come in the form of being fired, intentionally excluded, or demoted.
Steps To Take If You’re Being Harassed at Work
Employees could face different types of workplace harassment. No matter what type of unfair treatment you experience, consider taking these steps to protect yourself:
- Document every incident: Write down verbal comments made to you, detail inappropriate gestures, and save texts or emails that support your claim.
- Gather statements: If a coworker has witnessed your unfair treatment, ask them for a statement detailing what they’ve seen.
- Report the behavior: You have the option of reporting the behavior to either your supervisor or a Human Resources associate. If you don’t feel comfortable bringing the issue up with your employer, you can explore other options.
- File a complaint: California’s Civil Rights Department and the Equal Employment Opportunity Commission receive and review complaints of unlawful discrimination and harassment.
- Pursue legal action: Meet with an attorney to discuss the harassment you’ve been experiencing. You may have grounds to sue your employer for violating employment laws.
Facing Harassment at Work? Legal Assistance Is Available
If you need help understanding harassment in the workplace and your rights, contact D.Law. Our employment lawyers represent clients facing different types of workplace harassment and discrimination. Depending on the details of your case, you may be able to take legal action against your employer.
Connect with us today to schedule a free case review. Call (858) 956-7899 to get started.
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