Workplace bullies are the most common source of workplace harassment claims in San Diego. It can be torture coming to work each day knowing that your workplace is a hostile environment. You may have even thought about quitting your job.
If you are being harassed, it’s also likely harder to perform your job than it would otherwise be under normal circumstances. You may even suffer from anxiety or depression because you are worried about job security and whether you can maintain your emotional health while continuing to deal with the harassing behaviors.
If you believe that you are being harassed at work, you’d probably like to know what you can do to stop it. You shouldn’t have to continue dealing with harassing behavior that is prohibited by law in the workplace. However, you have to first determine whether or not the harassment is actually illegal.
Under California law, workplace harassment has a very specific definition, namely harassment that is the result of discrimination. To help you identify and take action against illegal workplace harassment, here is some information about harassment and your legal rights under California law.
What Is Workplace Harassment In San Diego?
Workplace harassment generally refers to belittling or threatening behavior that is directed at an individual worker or a group of workers. The harassment may be done by the employer, co-workers, or clients.
Under The California Fair Employment and Housing Act, harassment of employees, applicants, and independent contractors is prohibited. The regulations protect all of these individuals against sexual harassment, gender harassment, harassment based on pregnancy, childbirth, breastfeeding, and harassment due to a medical condition.
In addition, employers must not limit or prohibit the use of any language in a workplace. Employers with 50 or more employees and all public entities are also required to provide sexual harassment prevention training for all supervisors.
It isn’t only the worker’s responsibility to report workplace harassment. Employers must also take the necessary steps to prevent harassment by providing every employee with information on harassment, including the nature, illegality, and legal remedies that are available.
How Do You Know If You Are A Victim Of Workplace Harassment In San Diego?
Workplace harassment may be verbal or physical, or a combination of both. Verbal harassment can include jokes, slurs, name-calling, insults, and innuendos. Physical harassment may include hitting, groping, pushing, or any other unwelcome touching and is most commonly associated with sexual harassment.
If the harassment focuses on targeting those of a specific race, age, sex, national origin, color or religion, it has likely crossed the line into illegal workplace harassment. Although every harassment case is unique, the instances of harassment generally add up to creating a hostile work environment for the victim. It is your employer’s duty to take action to end the harassment by disciplining or warning the harasser.
In other cases, the employer has the option to move the victim, issue a training, or fire the harasser. However, if the employer allows the harassment to continue or retaliates against you for reporting it, you should contact an attorney right away to discuss your legal options.
Types Of Workplace Harassment
Workplace harassment comes in many forms. However, the most common types of workplace harassment are:
- Physical harassment – This type of workplace harassment includes sexual assault and workplace violence. Workplace violence is physical threats and assaults that are targeted at workers.
- Emotional harassment – This type of workplace harassment includes bullying, which may include false accusations of mistakes or errors, intimidating non-verbal behaviors, yelling, and withholding of resources and information that are required for the worker to successfully perform his or her job. It can also apply to sabotage, defamation, and unfair work demands that are put in place in order to guarantee failure.
If you have been harassed at work, you should report the incidents to your employer, giving him or her an opportunity to address the situation. By quitting the job in order to end the harassment, you could actually be giving up on your right to sue for the employer’s violation of California labor law.
What To Do If You Believe You Have A Workplace Harassment Case In San Diego?
If you believe that you are a victim of workplace harassment, you shouldn’t feel afraid or embarrassed to seek legal action for your claim. In most cases, if nothing or not enough has been done to resolve the problem, your employer is in violation of the law.
Obtain legal counsel right away from a San Diego business attorney. Delaying your claim or quitting your job first could significantly reduce your chances of receiving compensation for your injuries. If you’d like us to review your case, send us an email or call Walker Law at (619) 839-9978 to schedule your free consultation.