Workplace sexual harassment can make your working environment difficult. It can happen if someone at your work, whether your employer, supervisor, or colleague, demands sexual favors or uses derogatory words or actions that make you uncomfortable or reduce your self-esteem. Employers are expected to keep their workplaces safe from harassment and discrimination as a requirement under the Fair Employment and Housing Act (FEHA). They should have policies in place against sexual discrimination, providing details of actions that should be taken against perpetrators of such behavior. Your employer should also offer assistance when you report workplace sexual harassment.
If you face sexual harassment as a police officer in California, you can take action against your employer if they are the perpetrator or have failed to protect you from a hostile workplace. Our skilled attorneys at Sexual Harassment Attorney will protect your rights and ensure you have a strong case. A successful case can result in a favorable workplace for you and your colleagues and full compensation for all your damages.
Common Forms of Sexual Harassment Against Police Officers
California law, under the Fair Employment & Housing Act, prohibits harassment, discrimination, and retaliation in employment. The law protects people in both the public and private sectors, including those under employment agencies and labor organizations. Discrimination and harassment can make working to your full potential impossible. It can also result in unfair terminations or loss of job opportunities. Sadly, workplace harassment and discrimination are still very rampant in California. All types of workers, including police officers, are affected. The victims are affected in many ways, including working in hostile environments, unfair terminations, missed promotions and job opportunities, and retaliations that affect their job position and pay.
As a police officer, your role is critical in the day-to-day lives of the people you serve. You maintain order and safety in public, enforce laws, and prevent, detect, and act upon criminal activities. These tasks require you to be under minimal or zero pressure from your workplace. However, this is impossible to achieve if you are facing harassment or discrimination in your workplace. The perpetrator can be your employer, immediate supervisor, or colleague. Harassment affects your zeal for a job you love, ultimately affecting your productivity. It can also affect your emotional and mental capacity, making it difficult to efficiently and safely discharge your duties to the public.
Fortunately, laws are in place that protect workers like you against sexual harassment by an employer, colleague, or supervisor. These laws protect you from all types of harassment, including verbal and non-verbal sexual harassment. However, you must understand the law's definition of sexual harassment to determine if your case meets the required criteria. Then, you should familiarize yourself with the processes involved in acting against your employer. Remember that your employer is responsible for your workplace safety. If they, or someone else, harass or discriminate against you, they are liable for the resulting damages.
Here are the main types of sexual harassment prohibited under the FEHA:
Quid Pro Quo
This type of workplace occurs when you are offered something in exchange for a sexual act. For example, an employer or supervisor can offer a promotion, job opportunity, or job-related favors for a sexual favor from you. This can happen once or several times by the same perpetrator. It is a prevalent type of harassment, with profound effects on you and your job performance. With so much at stake, including a promotion, a job raise, or job security, you can find yourself under pressure to give in to the sexual demands just for the benefits.
The right place to start when faced with this matter is with your employer. However, you can file the matter directly with the EEOC or CRD. You need evidence of the harassment to strengthen your case. When someone in authority is confronted with a serious allegation like workplace sexual harassment, they will deny it. However, if you have evidence against them, the case can work in your favor. If your employer cannot resolve the matter amicably, you can file a lawsuit against them for failing to protect you against harassment.
Hostile Workplace
This refers to any act of sexual harassment that creates a hostile or unworkable environment. It can affect your mental capacity to work efficiently, cause you to skip work without a valid reason, or lead to untimely resignation. Examples of acts or inactions that can result in a hostile workplace include the following:
- A physical contact by an employer or colleague that is unwelcome and uncomfortable, like groping
- Sexual comments or jokes that make you uncomfortable
- Display of pornography in an office, or through texts or emails
- Repeated sexual propositions or advances by an employer or supervisor
- Sexual remarks from a colleague or employer about your clothes or physical appearance
- A working environment where everyone is free to engage in sexual acts or make sexual comments or utterances that make other workers uncomfortable
Legal Protections Against Workplace Sexual Harassment
It helps to know that the law does not condone harassment, discrimination, or retaliation in the workplace. California has several laws and government agencies that protect and support victims of work-related sexual harassment. The agencies offer advocacy and legal services to ensure that employers who have failed to protect their workers are held responsible for the resulting damages.
For example, the Civil Rights Department (CRD) provides legal guidelines for taking action against sexual harassment in your workplace. A police officer can follow the guidelines to ensure they obtain justice and also receive full compensation for their damages. When you suspect sexual harassment in the workplace, you can raise a case with the department to determine whether you have a valid case against your employer. The department will conduct an independent investigation to obtain evidence and determine the validity of your case. If your case is solid, it will give you the right to bring a case against your employer in a civil court.
The Equal Employment Opportunity Commission is a federal organization that prohibits discrimination and harassment in the workplace. It advocates for equal employment for all workers, regardless of their sexual orientation, sexual preferences, gender, religion, race, nationality, or physical or mental abilities. If sexual harassment occurs to you based on your gender or sexual orientation, you can file a case with this commission and also with the civil court against your employer. The agency will conduct an independent investigation into the matter and guide you on obtaining justice and recovering your damages.
Additionally, there are sexual harassment attorneys who can take up your case and help you fight sexual harassment in your workplace. They understand the laws against discrimination and harassment and can help you understand your rights and options. If you file a lawsuit against your employer, your attorney will ensure you have a strong case. They will use their best strategies to push for the best possible outcome in your case.
The Responsibility of Employers in Keeping Police Officers Safe from Sexual Harassment
Employers in California are legally mandated to provide safe and conducive working environments for all their workers, regardless of the workers’ religious beliefs, gender, political affiliations, nationality, race, or sexual preferences. Thus, your employer should have measures to prevent sexual harassment in their workplaces. The FEHA provides detailed guidelines that employers can use to keep their workers safe, including the following:
Having a Policy Addressing Sexual Harassment
All workplaces need a clear policy about workplace harassment and discrimination. It must specify what constitutes sexual harassment, who is protected against it, and what you must do if you fall victim. After drafting the policy, the employer should educate all workers about it to ensure that everyone is aware of the protections of the policy and the possible consequences if they are found guilty of harassment. Any new worker who joins the company must be informed of the policy.
Continuous Education about Sexual Harassment
Employers are responsible for educating their employees about the dangers of sexual harassment. This can happen through continuous education regarding the laws against harassment and discrimination and the procedures a victim can follow in seeking justice or protecting themself from sexual harassment. Employers should ensure their workers know that sexual harassment is wrong and that anyone facing the vice can report it immediately for protection.
This education and training should address all types of harassment, what they entail, and how to protect yourself in an office or out-of-office setting.
Establishing Reporting Channels
Not all police officers are able to report workplace sexual harassment. This is partly because of a lack of reasonable or precise reporting channels that protect the victim’s dignity and rights. Employers are expected to establish solid and reliable reporting channels through which victims of sexual harassment can seek help and support. There should also be protocols that handle the matter, from reporting to investigation and resolution.
Establishing a Supportive Culture
Victims of sexual harassment must also receive support from within their workplace when they report their harasser to the employer or the office responsible for handling cases of harassment and discrimination. Your workplace should have an existing culture that prohibits discrimination and harassment. With that support, you will feel respected, valued, and free to seek protection and justice against your perpetrator.
Preventing Retaliation
Employers should also protect victims of sexual harassment against retaliation by perpetrators or others who support harassment and discrimination. You should not be punished or intimidated for speaking up against sexual harassment. You must not be intimidated for seeking the help of an attorney when your employer fails to support or help you stop your harasser.
Why a Police Officer Should Report Workplace Sexual Harassment
Sexual harassment can affect even the strongest worker in various aspects of life. It affects senior and junior workers alike. It will leave a significant impact on your life, including the following:
Emotional and Psychological Distress
This is very common with workers facing harassment or discrimination. You could experience depression, anxiety, guilt, and anger due to sexual harassment. The level of your distress increases with the threats you face or the position your harasser holds in your workplace. For example, you will likely suffer more if your harasser is your employer, senior manager, or supervisor. The thought of retaliation or further harassment can cause you to resign or isolate yourself from other workers and loved ones.
Sometimes, the fear and anxiety make it hard to report sexual harassment to your employer or supervisor. Working and meeting goals becomes difficult every day, especially when harassment is a continuous ordeal.
It Affects Your Work Relationships
If you value your work and your colleagues, this will likely change due to workplace sexual harassment. One or more sexual comments or advances by one colleague can affect how you view the rest of the team members. It becomes increasingly complex if some of your colleagues learn about your experience and do not offer the support you expect.
When you report sexual harassment to your employer, some colleagues can support you or your perpetrator. This, too, will affect your relationship. It could become difficult working with them again, even after your case is resolved and your position reinstated (if you had previously resigned or terminated).
If you choose to work in a different office or environment, you could experience difficulties establishing relationships in your workplace due to your previous experience.
Increased Absenteeism
Even the most dedicated police officer may experience decreased productivity or motivation following workplace harassment. There will be days when you choose to remain locked up in the house instead of going to work, especially if you are sure of running into or working with your harasser. Sometimes, you will call in sick just to avoid going to work, especially in cases where sexual harassment is continuous.
Absenteeism will affect your performance and could result in dismissal. It can also affect your finances, primarily if your pay mainly depends on the number of hours you work.
It Affects Physical Health
You can experience health problems due to problems at work, especially severe problems like sexual harassment. If you suffer stress, anxiety, depression, or related issues because of the matter, your well-being will eventually be affected. Some of the symptoms you could experience include severe headaches, excessive fatigue, sleep disturbances, digestive problems, and hypertension.
Additionally, you can sustain physical injuries if the sexual harassment becomes physical. Some harassers physically assault their victims, necessitating hospitalization. Physical problems will affect your productivity and zeal for the job.
What To Do If Facing Workplace Sexual Harassment
Fortunately, you can do something about sexual harassment in your workplace to protect yourself and other workers against the perpetrator. You can stand up for yourself or seek the intervention of your supervisor or employer. If this does not help, you can talk to a skilled sexual harassment attorney for assistance in filing a case against your employer. Remember that your employer is legally responsible for ensuring your workplace is free of discrimination and harassment. If they are the perpetrator or fail to protect you, you can fight the vice and seek compensation for all damages you incur due to the harassment.
However, you must gather enough evidence to support your case and ensure justice. You can start gathering evidence once you realize you are facing sexual discrimination. Take note of the actions, words, or anything else that the perpetrator does that amounts to sexual harassment. Record everything about each incident, including what was done or said, the time and day of the harassment, and how it made you feel. Also, find out if there are policies in your workplace against sexual harassment and the exact details of the policy. This, too, will serve as evidence that your employer has measures in place against harassment.
Once you have sufficient evidence against your harasser, talk to your employer about it. Also, take note of the day, time, and the details of this report, as you can use it against your employer if they fail to help. Discuss what you have experienced and what you want the employer to do about the matter. If your employer is your harasser, speak to your supervisor or someone in authority. You can follow your company’s reporting channels, if they are in place.
If this does not yield the expected results, talk to your attorney about filing a suit against your employer. A skilled attorney will review our case and evidence to determine the validity of your case. They will advise you on your options and help you fight for the best possible outcome.
Find a Competent Sexual Harassment Attorney Near Me
As a police officer in California, you deserve a safe and conducive working environment in which to discharge your duties efficiently and fairly to the public. Sexual harassment can affect your emotional, mental, and physical capacity to work effectively and efficiently by making your workplace unsafe and hostile. It helps to know you can find help in pushing for a conducive working environment for you and your colleagues through a lawsuit against your employer.
At Sexual Harassment Attorney, we know how difficult working in a hostile workplace is. We can work with you to find evidence and develop a strong case against your employer. We will use our skills and experience handling related cases to ensure you obtain the most favorable outcome. Call us at 800-905-1856 to discuss your case and our services further.
