Workplace harassment is commonly discussed in the context of managers or coworkers who harass you. However, we cannot disregard the fact that vulnerable populations may still face harassment by coworkers, direct reports, or leadership, regardless of their situation. Regardless of your station or position at your job, harassment is illegal in California, and if your employer fails to take action, you may benefit from speaking with a San Francisco employment law attorney with the Armstrong Law Firm to discuss your rights in your workplace and options to protect them.
Harassment in the Workplace
Many people have a misunderstood or incorrect understanding of what constitutes legal harassment. The California Civil Rights Department enforces laws that protect from discrimination or harassment based on the following characteristics:
- Ancestry
- Age
- Skin color
- Disability or medical status
- Gender Identity and expression
- Marital status
- Race
- Religion
- Sex/Gender
- Sexual Orientation
- Reproductive health decisions
- Veteran status
- National origin
Harassment is defined as unwelcome contact that is based on the above characteristics or status. Some common examples include gestures, jokes, or comments about or because of these characteristics. The behavior becomes unlawful when enduring it becomes a condition of working or when the conduct is severe and pervasive enough to create an environment that a reasonable person might consider hostile.
Harassment Happens at all Levels
The policies that protect individuals who identify with these groups also ensure that these individuals have opportunities for promotion into management and leadership opportunities. We might expect that the change in power dynamics would decrease rates of harassment, but a recent study analyzed harassment reports for women in leadership across three countries with varying levels of gender equality. It showed that women in leadership may be 30-100 times more likely to experience sexual harassment than female workers in entry or base-level positions. While these numbers may be disheartening, there are several steps you can take to protect yourself against this type of behavior while also safeguarding your career.
Protecting Yourself
Most Human Resource representatives will tell you that documentation is key. While you may be hesitant to trust HR, this is valid advice. Whether managing a situation with a direct report or leadership, you may want to get HR involved to participate in any conversations as a witness. Additionally, it may benefit your case to keep your own electronic records of what happened. This may include an e-mail to yourself of each incident that includes the date, time of day, and what happened.
Send follow-up emails after disciplinary conversations and possible individuals summarizing the conversation, including instances of harassment. This email provides evidence that you addressed concerns and that the other person had the opportunity to correct inaccuracies. If your HR department fails to help you address the issue, documentation of occurrences, your efforts to resolve the issue, and evidence that leadership or HR was aware can substantially help your case.
When you face harassment in a leadership position, especially from a direct report, it is critical to ensure you follow company policy when interacting with them and that they stay professional. This helps minimize your liability and the opportunity for them to make accusations against you. Concerns about your HR department’s response to reports of harassment may mean it’s time to schedule a free consultation with The Armstrong Law Firm to determine your options.