In recent years, sexual harassment has seen an uptick in media coverage and public knowledge, especially as it pertains to its occurrence in the workplace. But workplace harassment can take a variety of forms, not just sexual. Understanding what constitutes non-sexual harassment is important in knowing what an employee’s rights are under California law, and what remedies are available.
Employees should have a reasonable expectation of working in an environment free of harassment. Still, employers don’t always hold up their end of the bargain. At Maison Law, our empathetic and highly skilled California workplace harassment lawyers help workers hold employers and others accountable for unlawful, harassing behavior. Here’s what you need to know about non-sexual harassment.
What is Non-Sexual Harassment?
When most people hear workplace harassment, they think of sexual harassment. But any unwanted behavior in the workplace could be considered harassment. This can be confusing, because there is a lot of overlap between sexual and non-sexual harassment. This is because harassment is usually understood to be any behavior or policy that subjects the employee to:
- An offensive work environment as part of their employment
- Offensive conduct or behavior sufficient to create a hostile work environment
Obviously, this definition of workplace harassment allows for a wide variety of different conduct and behavior. In order to better understand workplace harassment, here are some of the more common examples of non-sexual harassment that employees face:
- Offensive jokes
- Name-calling, especially racial slurs or epithets
- Physical or verbal attacks, threats or intimidation
- Derision or mockery that is discriminatory in nature
- Personal insults
- Being shown pictures or messages that are offensive in nature
- Behavior or actions that directly interferes with the employee’s work performance
Importantly, proving harassment or a hostile work environment doesn’t require an employee to be fired or suffer economic loss. Furthermore, the harassment doesn’t have to occur to the employee directly, even though the vast majority of harassment cases do. Any employee that reports harassment that is occurring in the workplace-even to other workers-is protected under California law.
Can Workplace Harassment Be Prevented?
Every California employer has a duty under the law to prevent workplace harassment. But the reality is that totally preventing workplace harassment is impossible. After all, no matter how expansive the employer’s policies and supervision are, they can’t see and hear everything that occurs in the workplace. Still, when confronted with workplace harassment, there are procedures in place that the employer must follow. If they fail to do the following, employers will be in violation of the law:
- Know or have reasonable suspicion of harassing conduct.
- Take immediate and appropriate corrective action relating to the conduct.
Simply put, as soon as an employee is presented with complaints or evidence of harassment or misconduct, the employer is required to take action to make sure the harassment and conduct stops. There are a variety of ways employers can do this, usually through harassment training, disciplinary actions, or schedule changes. But if the conduct continues or the corrective action is insufficient, the harassed employee will have grounds for legal action against the employer.
Remedies Available for California Workplace Harassment
In practice, California’s laws against workplace harassment provides the ability for victims to file a lawsuit to recover damages. Commencing a lawsuit requires several things, most importantly the courage to stand up to the employer and the retention of effective, experienced legal counsel. Maison Law has extensive experience litigating workplace harassment claims, working with clients to pursue compensation in the form of damages from their employer. In many cases, employees may be entitled to the following damages if they bring a successful lawsuit:
- Lost wages, including unpaid overtime
- Loss of benefits
- Back pay
- Pain and suffering
- Emotional distress
- Punitive damages in severe cases
While recovering compensation is the most practical of remedies for employees, forcing the employer to face their unlawful practices and conduct and making changes is probably the most important outcome of any workplace harassment case.
Contact Seasoned California Workplace Harassment Lawyers Today
Maison Law proudly stands with victims of workplace harassment in California. Their firm works tirelessly to hold employers accountable and to make sure that those employees who were victimized by unlawful workplace harassment are seen and heard. To schedule a free consultation with Maison Law’s seasoned workplace harassment lawyers, contact their office today.
