Employers must take action to prevent and correct sexual harassment occurring in the workplace. You may have the right to take legal action against an employer that does not comply with the law. Employers must take these steps following a complaint involving sexual harassment in San Francisco.
Prevent and Correct Sexual Harassment
The state requires all employers to comply with provisions of California law to prevent sexual harassment. After receiving a sexual harassment complaint, employers must promptly work to correct the reported conduct and strive to create an environment free of sexual harassment. Employers are liable when supervisors or company agents sexually harass someone.
Conduct a Fair Investigation into Sexual Harassment Complaints
Employers are responsible for conducting a thorough investigation that examines the complaint fairly. The investigation process should provide due process to each party in a complaint.
The investigation must provide a reasonable conclusion based on the evidence supporting the claim. Employers should document the investigation and track its progress. Cooperation with governmental investigations to ensure a fair investigation is also necessary.
Protect Employees From Retaliation After Filing a Sexual Harassment Complaint
Protecting employees’ rights to file a sexual harassment complaint without fear of retaliation is crucial. Employers must ensure that an employee experiencing or witnessing sexual harassment does not suffer retaliation for reporting harassment or cooperating with an investigation.
Employers must assess whether an alleged harasser can continue to work during the investigation. Exploring alternatives to minimize contact between parties and provide a safe work environment free from retaliation may also occur.
Inform the Complainant About the Investigation’s Findings
An employer is required to inform a complainant about its findings. The information should include what disciplinary measures are being taken if they confirm sexual harassment occurred. An employer should also discuss preventive actions they will take to prevent sexual harassment and the consequences a harasser who continues to act unlawfully will face.
Present Corrective Measures to the Harasser
An employer must determine the appropriate corrective steps against a harasser when the evidence supports the sexual harassment complaint. Corrective measures are determined based on the severity of the harassment and its context. Remedial actions to address sexual harassment in the workplace may include:
- A verbal or written warning or both
- Mandatory training or counseling
- Transferring or reassigning a harasser
- Demotion or suspension without pay
- Termination
As a complainant, you may be experiencing retaliation by an employer if these actions are taken against you. Document any potential retaliatory actions and immediately speak with an employment law attorney in California.
Provide a Timely Investigation into Sexual Harassment
The impact of sexual harassment and an investigation can be overwhelming. The toll resulting from these experiences can impact your job performance, personal life, and even your health. An investigation should be thorough but performed within a reasonable timeframe.
How long an employer’s investigation of a sexual harassment complaint takes depends on the circumstances surrounding the event. A comprehensive investigation is necessary. However, employers are required to act promptly to complete an investigation.
Review and Update Sexual Harassment Policies
Employers must revisit their current policies to ensure they meet governmental standards to prevent sexual harassment in California. Employers have a legal obligation to implement corrective measures when sexual harassment occurs. Exploring your legal options may support your financial recovery when an employer fails to adhere to laws to prevent and address sexual harassment.