Filing a sexual harassment complaint at work sets a legal process in motion. California law requires employers to take specific steps to address the situation and protect the employee who came forward. Knowing what those steps are can help you hold your employer accountable.
Start an investigation right away
California law requires employers to conduct a thorough inquiry into every harassment complaint. This process involves gathering facts, interviewing witnesses and reviewing any evidence related to the incident. The inquiry must be fair to all parties involved and completed promptly.
Under the Fair Employment and Housing Act (FEHA), employers have a legal duty to prevent and correct harassing behavior in the workplace. Employers who ignore complaints or delay the process can put workers at continued risk.
Put protective measures in place
While the investigation is ongoing, employers need to take steps to protect the person who filed the report. This might include separating the involved parties, adjusting work schedules or reassigning duties. These measures help prevent retaliation and ensure a safe work environment during the investigation process.
State law protects employees who report violations from retaliation. Employers must ensure temporary measures do not unfairly affect the reporting employee. For example, they should not reassign the employee who made the complaint to a less desirable position or shift.
Keep communication clear
While some details must remain confidential, regular updates show that the complaint is being taken seriously. While practices vary, employers often explain the process, provide a realistic timeline and notify the employee when the investigation is complete.
Being left in the dark about the status of a harassment complaint can feel isolating. When employers maintain open lines of communication, it shows respect for the person who came forward.
Take action based on the findings
California law requires employers to take immediate corrective action to stop the harassment and prevent it from recurring. This could range from training and warnings to suspension or termination, depending on the severity.
Even if the investigation is inconclusive, employers should take steps to prevent future incidents. This might include policy updates or additional monitoring. State law generally requires employers to take appropriate steps to address the situation and reduce the risk of future incidents.
Protecting your rights in the workplace
Speaking up about sexual harassment is one of the hardest things a person can do in the workplace. Knowing what the law requires of employers can help workers recognize violations of their rights. No one should have to choose between their job and their dignity. Understanding your rights is the first step toward protecting them.