Workplace harassment creates a stressful, unfair, and often hostile work environment. If you’re dealing with this kind of treatment at work, you’re probably trying to decide how to proceed. One of the most crucial steps in preserving your rights is understanding how and when to report harassment effectively.
In California, the process and expectations for workers are shaped by a combination of state and federal laws, but the details of your situation can make all the difference. Knowing what options exist, what steps you can take, and what protections may apply can help you regain control in a situation that often feels anything but fair.
Reporting Workplace Harassment Through the Proper Channels
In many cases, reporting the harassment internally is a necessary first step. Under California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964, employers have a legal obligation to prevent and correct harassment in the workplace. But they must be given a reasonable opportunity to do so. That typically starts with an internal complaint.
Most employers have a formal process for handling complaints. This can involve contacting your human resources department, filling out a written report, or speaking to someone designated in the company’s harassment policy. If your company has a handbook, check to see how they’ve instructed employees to report misconduct. Using the process described in that policy may help protect your rights later.
It’s also helpful to create a written record. Emails or memos to HR or a designated representative that document what happened, when it happened, and how it affected you may be useful down the line. Even if your company allows verbal reporting, creating a paper trail may serve to reinforce that the employer had knowledge of the behavior and had a chance to intervene.
It’s important to understand that there is generally no one-size-fits-all path. If you work in a very small company or your employer doesn’t have a clear policy, reporting to the owner or a senior person may be considered enough. What matters most is that you gave your employer a fair opportunity to address the issue before looking into outside legal remedies.
When You Are Exempt From Reporting to Your Supervisor or Manager
There are situations where going through the usual channels may not be realistic or appropriate. If the person harassing you is your direct supervisor or if someone in management is openly supporting or encouraging the behavior, the rules may be different. The law does not generally require you to report the harassment to the supervisor or manager responsible for the misconduct. The law may provide flexibility in these circumstances, particularly when your own efforts to report would be futile. That being said, it is usually beneficial to keep documentation and organize supporting evidence to show that harassment by the supervisor or manager occurred. This may include documented complaints submitted to HR, if available.
Protecting Your Rights from Workplace Harassment
As with all workplace harassment cases, it’s worth noting that the harassment must be targeted toward a protected class (race, gener, age, disability, etc.). Workplace harassment is not something you have to handle on your own. We offer personalized, confidential guidance to our clients tailored to their unique situation. If you’re unsure what your next step should be or whether your rights have been violated, complete the employment intake form on the Brandon Banks Law website to see if we can help.
The information contained in this blog and on this website is only intended for educational purposes and should not be considered legal advice. You should consult with an attorney before acting on information you read online.
