What You Should Know
1. Right to a Safe Workspace
You are entitled to work in an environment free from sexual harassment or discrimination based on your sex, gender identity, or sexual orientation. Employers are obligated by law to provide a non-hostile work setting.
2. Right to Policy Information
You have the right to be fully informed about your employer’s sexual harassment policies and procedures for reporting misconduct. California employers are required to have a written policy that should be disseminated in a language accessible to all employees.
3. Right to Speak Up
You are free to discuss or bring attention to instances of sexual harassment, whether it directly affects you or someone else. Doing so should not result in retaliation from your employer.
4. Right to Report Harassment
You can report harassment to your Human Resources department, supervisor, or anyone with authority within the company. It’s advisable to keep written records of your report to support any potential legal action you might take.
5. Right to Protest or Picket
You and your co-workers can collectively express concerns about sexual harassment or other discriminatory practices. Such actions are considered “concerted activity” and are protected under the National Labor Relations Act.
6. Right to an Investigation
Once reported, your complaint must be taken seriously and duly investigated. Employers are required to act promptly to resolve the issue and protect those involved.
7. Right to Confidentiality Inquiry
You can inquire about who will be privy to the information related to your complaint and how confidentiality will be maintained during the investigation process.
8. Right to File with Government Agencies
You have the right to file charges with governmental agencies like the Equal Employment Opportunity Commission (EEOC) or California’s Department of Fair Employment and Housing (DFEH). Employers cannot retaliate against you for this.
9. Right to Legal Action
After filing a charge and receiving a “Right-to-Sue” notice from the EEOC or state agency, you can proceed with a lawsuit. Keep in mind the strict deadlines for legal actions, which vary by jurisdiction.
10. Right to Participate in Investigations
Whether you are a witness or a complainant, your employer cannot prevent you from participating in a governmental investigation concerning workplace harassment.
11. Right to Remain Silent
You have the choice to not take action about the harassment or assault you experienced. It’s entirely your decision whether to speak up or not.
Legal Protection Against Retaliation
Retaliation for asserting any of these rights is illegal. This could include termination, demotion, pay cuts, change in work hours or duties, or any action negatively impacting your employment. If you experience retaliation, you may be able to pursue legal action against your employer.
Understanding your rights is the first step in addressing workplace sexual harassment and ensuring your safety and dignity. If you believe you’ve been harassed, consult with a legal professional to explore your options for reporting and resolution.