Handling Workplace Harassment

Answer 1

Harassment in the workplace can be sexual harassment, where a co-worker makes unwanted sexual advances towards another employee or a supervisor requests sex with a subordinate in exchange for a promotion or raise. There is also harassment in the form of retaliation or constructive discharge where an employee is essentially pushed out and forced to resign.

The Law

The law prohibits workplace harassment in any form. It also mandates an employer to take all reasonable steps to prevent harassment from reoccurring. But when on-the-job harassment is happening, it is often overlooked, minimized or refuted.

Where to Start

If you are being harassed, it is important to document the harassment. Write down the name of the person who is harassing you, the date and your response to it. After you have a period of time where you have documented the harassment, it is time to take the next step.

Take the Next Step

Now is the time to talk to a supervisor. If your co-worker is harassing you, present your evidence to your supervisor. If he does not take you seriously or tries to blame the harassment on you, take your complaint to the person over your supervisor. This is also a good time to fill out any forms reporting harassment that your company requires.

Fair Employment and Housing Administration (FEHA)

The Fair Employment and Housing Administration (FEHA) is the agency of the government that handles harassment complaints against employers. But they don't take every single case that is presented to them. This is where your careful documentation will give you an edge in proving your claim.

Contact FEHA by telephone or check their website. Initially, you will be given an appointment to come in to their local office and talk to them about your case. Attend your appointment. There, you will be oriented in the types of harassment claims that may apply to your case. They will also show you a film on workplace harassment. After the film, you will meet with a worker, present your side of the story and give him a copy of your documentation. FEHA will inform you by mail as to whether or not they took your case

It takes months of investigation by FEHA before you learn the outcome. If you win, FEHA will give you a permission to sue your employer. You will need this if your employer is a government entity.