Sexual harassment is a real and concerning problem in many tech companies. The combination of being a male-dominated field, casual work environments, and a common absence of established reporting procedures can make it difficult to know the best way to move forward after experiencing this type of harassment.
A San Francisco sexual harassment attorney with The Armstrong Law Firm is prepared to work with you to understand your options and gain clarity on how you want to proceed with your report.
What Qualifies as Workplace Sexual Harassment?
Incidents of sexual harassment in the tech industry are more common than they should be, and they can include a wide array of behaviors. In a recent survey about the sexual harassment of women in tech, reports showed that more than 40% of women reported enduring this kind of behavior from someone in their company. Some of the most common examples are:
- Sexual jokes
- Repeated unwanted sexual or romantic advances
- Groping or touching breasts or genitals
- Displaying sexual images
- Making threats or taking retaliatory action after refusing sexual advances
Additionally, quid-pro-quo sexual harassment is when someone with some kind of authority offers a benefit in exchange for compliance with sexual advances. This is typically between a supervisor and a subordinate. However, many in tech have reported quid-pro-quo harassment when speaking with investors who offer investments in exchange for sexual conduct.
California Law Protects Those Who Report Sexual Harassment in Tech Companies
One of the common concerns we hear when discussing sexual harassment with people is that they are concerned about retaliation of some kind. The California Civil Rights Department oversees the Fair Employment and Housing Act (FEHA), which prohibits discriminatory behavior based on your membership in a protected class, including sexual harassment. These laws also protect your right to report illegal behavior.
Steps to Reporting Sexual Harassment at a Tech Company
There is not necessarily a single right way to handle a report of sexual harassment at your tech company. However, the first step is almost always to review your employee handbook for any policies or procedures that can help you identify where to go.
If your company has a clear policy for these kinds of reports, and it feels safe to do so, follow that policy. This gives your employer a chance to address your concerns and take action to rectify the situation.
If they fail to take prompt action and allow the harassment to continue, or you do not feel safe going to someone with your report, you may choose to file a complaint with the California Civil Rights Office or the Equal Employment Opportunity Commission(EEOC). At this point, you may also consider speaking with an attorney who can help you address the situation with your company, or escalate to a lawsuit.
Important Information To Gather in Your Sexual Harassment Report
Some things to keep in mind during the process include making sure you get as much as you can in writing. When you notify your employer, whether that is a supervisor or HR department, ensure that you have the notification in writing. You may choose to have the conversation face-to-face, over the phone, or virtually, but we typically advise following up the meeting with an email detailing what was said.
We also often advise clients to create a record of what happened. This can be an email to yourself or another log that details the date and time of the incident, what happened, and any possible witnesses.