What Steps Should I Take to Protect My Right to Sue If I Experience Sexual Harassment at Work?
If you’ve experienced sexual harassment at work, it’s critical to take the right steps early to protect your rights and preserve your ability to file a legal claim. Under California law, you are entitled to a safe and respectful workplace, and you have legal remedies if those rights are violated.
1. Document the Harassment
Start by keeping a detailed, written record of each instance of harassment. This documentation should include:
- Dates and times of each incident
- What was said or done
- Who was involved or witnessed the incident
- How the conduct affected you or your work
Save related emails, messages, or images, and store everything in a secure location.
2. Review Your Employer’s Sexual Harassment Policy
Most employers in California are legally required to have an anti-harassment policy in place. Review this policy to understand your company’s procedures for reporting misconduct, including who to notify and how the process works.
3. Report the Harassment Internally
Follow your employer’s internal complaint process. This often means reporting the harassment to a supervisor, manager, or Human Resources. Making an internal complaint not only gives your employer a chance to take corrective action, but also creates a documented record of your efforts to address the issue.
4. File a Complaint with a Government Agency
Before you can sue your employer in court for sexual harassment, California law requires you to first file a complaint with a government agency. You can choose between:
- California Civil Rights Department (CRD): Formerly the Department of Fair Employment and Housing (DFEH), CRD enforces state anti-harassment laws.
- Equal Employment Opportunity Commission (EEOC): This federal agency enforces federal workplace discrimination and harassment laws.
Filing with one agency automatically cross-files with the other. You typically must file within three years of the last incident of harassment in California.
5. Request a Right-to-Sue Notice
If you wish to proceed with a civil lawsuit, you must request and obtain a “Right-to-Sue” notice from CRD or EEOC. Once you receive it, you generally have one year to file a lawsuit in court.
6. Speak With an Employment Law Attorney
Consulting a qualified employment attorney ensures you follow the right steps and meet important deadlines. An attorney can help you evaluate your case, gather evidence, and advocate on your behalf through the legal process.
Protect Your Rights with Legal Support
The California Labor Law Employment Attorneys Group is here to support employees who have experienced sexual harassment. We offer free consultations and work on a contingency basis—meaning you pay nothing unless we win your case. Contact us today to protect your rights and begin your path to justice.