Coping with sexual harassment in the workplace can leave you with a feeling of uncertainty and anxiety. In many cases, though, you have a manager, supervisor, or owner you can report it to, but what happens when the person you should be able to report it to is the person harassing you?
Sexual harassment from leadership or ownership can present unique challenges because there are few or no other people able to reprimand or keep them in check. The San Francisco sexual harassment attorneys with The Armstrong Law Firm are familiar with these types of cases and ready to help you fight for your right to a safe work environment.
Sexual Harassment With a Power Imbalance
Sexual harassment, whether perpetrated by managers and owners or coworkers, can take many forms. However, quid pro quo sexual harassment is common in cases of harassment from those in leadership positions because it typically requires a power imbalance. A manager or supervisor will offer some kind of professional favor in exchange for sexual interaction. These favors can include a promotion, going free of formal write-ups, or reprimands for being late to work.
Though the above examples indeed count as sexual harassment, there are plenty of more subtle behaviors that may also meet the criteria. This can include obvious touching of your groin or breasts, flirtatious comments that make you uncomfortable, or even jokes that are sexual in nature. It is not always clearly communicated, but if you are uncomfortable with behavior, it may be worth it to seek advice.
Sexual Harassment from Managers and Owners Presents Unique Barriers
Handling sexual harassment from a superior can make an already difficult situation that much more complex. With a co-worker, you may not think twice about calling out inappropriate behavior or reporting it to HR or your supervisor. However, when the person harassing you has control over your job or those responsible for managing the issue, it can make you think twice.
If you work for a small business, you may not have an HR department responsible for helping with these issues, and the harassing person may be the only person to whom you can report the issue. So what do you do?
Reporting Sexual Harassment from a Manager or Owner
Sexual harassment from a manager or owner is not only an abuse of power and likely against policy, but it is also illegal. The federal Civil Rights Act of 1964 prohibits this behavior, as does the California Fair Employment and Housing Act (FEHA), leaving you with several options to resolve the situation.
In 2018, the California Civil Rights Department (CRD) amended the Fair Employment and Housing Act (FEHA) to make it even more protective of employees experiencing sexual harassment. Under the updated law, it is no longer necessary to show a repeated pattern of harassment to meet the legal threshold. A single incident may now be enough to establish that the behavior was severe or pervasive. FEHA already provided strong protections before these changes, but the 2018 amendments made those protections even stronger. It continues to be one of the most effective laws available for victims of sexual harassment and their attorneys.
If you are part of a larger company, there may be a board of directors to whom the owner is responsible, giving you an internal avenue through them. If you have an HR department, you may need to report to them first to provide them with a chance to rectify the situation, especially if the harasser is a manager and there are positions above them.
However, barring these internal avenues, you may speak with a California Labor Commissioner’s Office representative or an attorney to determine the most appropriate action. You may file a complaint with with the California Department of Industrial Relations or federally through the Equal Employment Opportunity Commission. Further, filing a complaint with these agencies does not bar you from contacting an attorney to pursue a civil lawsuit with the support of an attorney.