How to File a Workplace Harassment Lawsuit in California?

What is Harassment?

According to DOJ, harassment encompasses any behavior that is unwanted, demeans, threatens, offends, humiliates, or intimidates an individual, creating a hostile environment [1].

Unlawful harassment involves similar conduct but also constitutes discrimination that violates protected categories under Title VII of the Civil Rights Act of 1964 and other federal laws.

These protected categories include race, color, national origin, religion, age (over 40), disability, sex (including pregnancy and gender identity), genetic information, and retaliation.

Harassment becomes unlawful when the offensive behavior becomes a condition of employment, such as demotion or termination, or when the conduct is severe or pervasive enough to create a hostile work environment, such as through physical contact, public humiliation, or work sabotage.

Harassment also covers a wide range of conduct than unlawful harassment. It is unwelcome verbal, visual, physical, or other conduct based not only on the above-referenced protected categories, but sexual orientation, marital status, political affiliation, status as a parent, retaliation for making a good faith allegation of harassment under NARA’s Anti-Harassment Policy, or any other reason, that makes an individual feel devalued, embarrassed, offended, aggravated, intimidated, humiliated, insulted, ridiculed, or afraid.

Examples of Workplace Harassment

According to ML, workplace harassment includes various types of mistreatment that an employee may experience from coworkers or employers [2].

Here are some examples:

• Interference with Work Performance – When a supervisor or coworker hinders an employee’s ability to complete their tasks, such as by denying access to necessary equipment or intentionally delaying work processes.
• Displaying Offensive Objects or Pictures – Sharing or displaying materials that are racially insensitive, sexually explicit, or otherwise offensive. While a single unintentional incident might not qualify, repeated actions after being addressed can be considered harassment.
• Offensive Language or Jokes – Making derogatory jokes, using slurs, or making offensive comments about protected characteristics like race, gender, religion, or sexuality.
• Insults and Mockery – Making fun of or imitating an employee in a derogatory manner, including insults about intelligence or appearance.
• Physical Threats and Assault – Engaging in or threatening physical contact meant to intimidate, such as aggressively bumping into someone or blocking their path.
• Intimidation – Verbally abusing an employee to damage their self-esteem, overworking them to impossible standards, setting them up to fail, ridiculing them for failing, or taking credit for their hard work.
• Exclusion – Deliberately excluding an employee from meetings, events, social gatherings, and opportunities for advancement.

Filing a Workplace Harassment Claim in California

To file a workplace harassment claim in California, contact the nearest Equal Employment Opportunity Commission (EEOC) office or the Department of Fair Employment and Housing (DFEH) [3]. These agencies work together to process claims, so you only need to file with one. You can submit your claim online and track its status through the agency’s website.

It’s important to act quickly, as there are time limits for filing a claim. You must file within one year of the incident. If the EEOC decides not to pursue your lawsuit, they will issue a “Notice of Right to Sue.” If they proceed, the investigation typically takes about six months, and mediation may be recommended for a faster resolution.

Pursuing a Claim in Court

If your case is not resolved through the EEOC or DFEH, you may need to take your claim to court. A federal employment discrimination case cannot be pursued in court without first being investigated and dismissed by the EEOC.

California law does not cap compensation levels, unlike federal law, making it more favorable for litigants. If you use an attorney to file your claim in California, you can also claim costs such as attorney fees and other relevant expenses.

Whether you file in California or in a Federal court the EEOC must first issue a document known as ‘Dismissal and Notice of Rights, sometimes called Notice of Right to Sue’. Once you receive that notice you have 90 days to lodge your claim.

Related Articles:

• Is Political Affiliation a Protected Class in California?
• Harassment Laws in California
• Examples of Pregnancy Discrimination in the Workplace

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References:
1. https://www.archives.gov/files/eeo/policy/facts-about-workplace-harassment.pdf
2. https://www.mesrianilaw.com/blog/what-is-workplace-harassment/
3. https://www.easyllama.com/blog/file-a-harassment-claim-in-the-workplace-california