Sexual harassment in the workplace is a serious issue that can be incredibly distressing. Fortunately, you have options and you have rights. If you think you are being sexually harassed, consult a labor rights lawyer in San Jose, CA, as soon as possible to determine how you can best protect your rights. Here is what you need to know.
You have the right to report to a person with whom you are comfortable.
You are not obligated to report sexual harassment to your boss. In many cases, immediate supervisors are either involved in the harassment or have a relationship with the person who is being accused. You can report your harassment to anyone in your workplace that has the ability to take action. In some companies, there is a designated human resources person who is in charge of sexual harassments complaints who can help you. However, you can report your harassment to anyone with whom you are comfortable as long as he or she is able to take some kind of action on your behalf.
You have the right to be protected against sexual harassment as defined by your company.
Companies are required to take action against harassment that is severe, pervasive, and that creates a hostile work environment under federal law. Most workplaces have sexual harassment policies that far exceed that benchmark, and you have the right to expect to be protected from harassment as defined by your employee handbook. For instance, if your company has a policy against employees asking each other for dates and someone makes you uncomfortable by asking you out, your workplace is obligated to address that situation as harassment.
You have the right to pursue an investigation outside of the workplace.
You don’t have to accept the results of any internal investigation into sexual harassment that is conducted by your employer. You can contact a labor rights lawyer if you are unhappy with your workplace’s evaluation. A lawyer can help you decide if you should file a claim against your employer.