What is Essential Steps?
To initiate a lawsuit for workplace harassment in California, there are three mandatory steps:
- Notify your employer about the harassment.
- File a complaint with the California Civil Rights Department (CRD).
- Acquire a “right to sue” letter from the CRD.
It is only with this “right to sue” letter that you can legally proceed to sue your employer for workplace harassment.
Inform the employer
If you are experiencing harassment in your workplace, the first step is to inform your employer about the issue. Often, employers will act promptly to address and stop the harassment. If the employer fails to take appropriate action, this can strengthen your potential lawsuit.
Many employers are committed to fulfilling their legal obligations to prevent workplace harassment. Simply notifying them can sometimes be sufficient for them to take corrective measures to end the harassment.
Furthermore, it’s important to note that California law protects employees from retaliation for reporting harassment, so you should not let fear of retaliation deter you from making a complaint.
Anti-Harassment Policies California employers are required by law to maintain and communicate a clear anti-harassment policy. This policy must outline the process for reporting harassment, including who within the organization will handle the complaints.
When the harasser is not a supervisor, such as a coworker or a client, most policies will direct you to report the incident to your supervisor. If the harasser is a supervisor, the policy should provide an alternative reporting pathway, such as to:
- A human resources (HR) officer,
- A complaint hotline,
- A diversity coordinator,
- A designated officer for discrimination and harassment complaints, or
- An equal employment opportunity (EEO) coordinator.
Definition of a Supervisor In California, a “supervisor” is defined as anyone who has the authority to make significant employment decisions, either directly or by recommending such actions. This includes the power to hire, fire, promote, or discipline employees.
Should you decide to file a lawsuit, it would involve not only suing the employer as an entity but also pursuing claims against individual harassers.
File a complaint with the CRD
If workplace harassment continues despite notifying your employer, the next essential step is to file a complaint with the California Civil Rights Department (CRD). This action is necessary before you can legally pursue a harassment lawsuit against your employer. You may also opt to immediately request a “right to sue” letter from the CRD instead of waiting for their investigation to conclude.
Complaint Process The CRD offers several methods to file a harassment complaint:
- Online through the Cal Civil Rights System (CCRS),
- By mail using a printable intake form,
- By phone at 800-884-1684.
The intake form allows you to provide detailed accounts of the harassment, such as racial or ethnic slurs, sexual harassment scenarios, retaliatory behaviors by supervisors, or any other inappropriate conduct in the workplace. A thorough and detailed complaint increases the likelihood that the CRD will actively pursue your case.
Statute of Limitations You have three years from the date of the harassment to submit this form. While this period may seem lengthy, it is crucial to act promptly as delays can occur if you are waiting for employer resolutions or if the harassment is intermittent.
Applicable Laws The CRD evaluates complaints based on California civil rights laws it enforces, such as the Fair Employment and Housing Act (FEHA), the Unruh Civil Rights Act, the Disabled Persons Act, and the Ralph Civil Rights Act. If the harassment doesn’t fall under these statutes, the CRD might issue a “right to sue” letter, allowing you to independently pursue legal action.
The CRD Investigation Once a complaint is filed and if the CRD decides to investigate, they will serve the complaint to the alleged harasser or employer. If the CRD finds no reasonable cause for harassment, they may issue a “right to sue” letter. However, if they find reasonable grounds, the CRD might suggest mediation or, failing that, may initiate legal action on your behalf.
Alternatively, you can request a “right to sue” letter immediately after filing the intake form to expedite the process of initiating a lawsuit. This strategy is often effective as the threat of litigation can be more intimidating to employers than a regulatory investigation, potentially leading to quicker and more substantial settlements while halting the harassment.
Obtain a “right to sue” letter from the CRD
To pursue a lawsuit against your employer or harasser for workplace harassment, obtaining a “right to sue” letter from the California Civil Rights Department (CRD) is a crucial final step. This is mandated by the Fair Employment and Housing Act (FEHA), which requires such a letter before you can initiate legal action in court.
After receiving the “right to sue” letter, you have one year to file your lawsuit. This timeframe may be extended if you have also filed charges with the federal Equal Employment Opportunity Commission (EEOC).
It is important not to delay contacting me after receiving the “right to sue” letter. Preparing a strong legal case often requires time to gather and organize the necessary evidence, draft a persuasive demand letter, or prepare a robust legal complaint for court.
Making a claim for sexual harassment or a hostile work environment
These procedures also apply to cases of sexual harassment and claims of a hostile work environment.
Sexual Harassment Sexual harassment consists of unwelcome actions based on your sex, and it’s often seen as the most prevalent form of workplace harassment. Yet, it’s not the sole type. Harassment can also occur based on other protected characteristics, including:
- Age,
- Gender or gender identity,
- Physical or mental disability,
- Sexual orientation,
- Religion,
- Race,
- National origin,
- Or any other protected trait.
Hostile Work Environment A hostile work environment is characterized by the nature of the harassment experienced. Under California law, workplace harassment manifests in two forms:
- Quid Pro Quo Harassment: This occurs when a supervisor makes employment benefits conditional on the submission to harassing conduct, such as sexual favors.
- Hostile Work Environment Harassment: This type of harassment involves inappropriate conduct targeting a protected characteristic that is either so severe or pervasive that it creates an abusive environment for the individual subjected to the harassment.
Can an employer retaliate against me for reporting harassment?
No, it is illegal for employers to retaliate against you for filing a complaint about workplace harassment. Should retaliation occur, it provides grounds for adding an additional cause of action in your lawsuit. This could potentially increase the financial compensation you may receive.
What damages are available in California?
In harassment lawsuits in California, I have successfully secured significant compensation for clients covering:
- Medical expenses, especially when harassment-induced stress results in diagnosable medical conditions,
- Lost wages, including potential future earnings, and
- Emotional distress.
In particularly egregious cases, I may also seek punitive damages for my clients, which can substantially exceed regular compensatory damages.
