California is filled with diverse and dynamic work environments, but along with them can come issues of workplace harassment, which can be particularly challenging if you face harassment from a subordinate, whether an employee you supervise, an assistant, or an associate, dealing with the matter carefully, appropriately, yet promptly is critical. The following text provides practical insights into what to do when harassed by a subordinate in California and also touches on considerations for supervisors dealing with harassment.
Recognizing Inappropriate Conduct
When harassment comes from a subordinate, the solution may seem simple: terminate the harasser. However, not every situation is so simple, and, oftentimes, when a subordinate is harassing a supervisor, a more complicated dynamic is at play. Perhaps, you are in a somewhat supervisory role but do not personally have the power to terminate the individual. In other situations, a supervisor may be pressured against disclosure of the harassing behavior through blackmail or other factors. Regardless of the particular dynamics, California law protects all individuals against harassment in the workplace.
The California Civil Rights Department has specific training for employers of 5 or more employees that must be carried out to prevent harassment and educate employers and employees on what to do. Training is mandatory for both supervisory and nonsupervisory employees on matters of sexual harassment and abusive conduct prevention. Supervisors will also benefit from understanding their obligations to prevent and address harassment.
Harassment takes many shapes, especially when manifesting in a work environment. The ability and training to recognize the inappropriate behaviors surrounding and intertwined with harassment is the first step toward creating a safer and more inclusive workplace. Harassment does not exist confined to only overt acts; it can be nuanced, subtle, and insidious. Harassment extends beyond gender-based misconduct and includes any unwelcome behavior that creates a hostile work environment.
- Verbal Harassment: This type of harassment involves spoken or written words that are offensive, demeaning, or threatening. Verbal harassment can move from lewd jokes to downright slurs to direct threats and intimidation. Identifying verbal harassment requires attentiveness to language nuances and the impact that words can have on individuals. Everyone, unfortunately, experiences the impact of harsh or rude comments in their lifetime, no matter how young or old, regardless of gender or sex, race or ethnicity, and it usually happens for the first time when we are still in our adolescence. However, when those words transform into verbal harassment and cross the boundary of the workplace, it is intolerable and cannot be permitted to continue or be accepted as normal. As someone who is a supervisor at your place of employment or working in any superior assignment at work, if you face verbal harassment from a subordinate, you must inform your employer and HR immediately. The situation could be skewed, or the impact of the actions could be dampened with the passage of too much time.
- Physical Harassment: Physical harassment involves any unwelcome physical contact or conduct that creates an uncomfortable or menacing work environment. Physical forms of harassment can vary from unwanted touching to more extreme circumstances of physical aggression. Recognizing physical harassment requires an awareness of appropriate personal boundaries and the acknowledgment that any unwanted physical contact is a violation.
- Visual Harassment: Offensive images, explicit materials, or inappropriate gestures fall under the category of visual harassment. Identifying visual harassment involves being aware of the visual elements in the workplace, understanding their impact on different people, and their inappropriate presence in the labor setting. Visual harassment should be documented and reported, regardless of your station at the workplace. Mainly, if a supervisor tolerates or suffers through visual or other forms of harassment, it could set an example that this type of wrongful behavior is acceptable at this particular business. Further, the employer is held liable when harassment occurs at their establishment or company, so the longer it goes unreported, the worse it can be for them but, more importantly, for the party targeted by the harassment.
- Cyber Harassment: In the digital age, harassment has extended into online spaces. Cyber harassment includes any form of harassment carried out through electronic means, such as emails, messages, or social media. Identifying cyber harassment requires a keen awareness of online interactions and their potential impact on employees. Cyber harassment is relatively easy to document by making copies, printing, and taking screenshots of the incidents and including them in your report to human resources, your employer, or other designated channel for reporting harassment.
- Supervisor Harassment: Harassment can occur between supervisors and subordinates. It’s integral to identify the power dynamics in such relationships and understand that supervisors hold a position of authority. Identifying supervisor harassment involves being attentive to instances where power is misused to intimidate or manipulate subordinates.
- Subordinate Harassment: Harassment is not exclusive to one direction; it can also occur when subordinates harass supervisors and may rear itself in any of the forms already listed here. It may include insubordination, disrespect, or attempts to undermine the supervisor’s leadership and administration. Identifying subordinate harassment requires a clear understanding of workplace dynamics.
- Repeated Unwanted Advances: Inappropriate and persistent advances, whether verbal, physical, or visual, constitute harassment. Recognizing repeated unwanted advances involves understanding the pattern of behavior and acknowledging the impact it has on the targeted individual.
- Creation of Hostile Environment: Hostile work conditions follow harassment; thus, a key identifier can be an atmosphere where workers feel uncomfortable, threatened, or unable to perform their duties without trepidation. Pinpointing a hostile environment involves paying attention to the exchanges between workers and staff members and even the most minor attributes of the work environment.
Your Rights as an Employee for Harassment-Free Working Conditions
All employees in California are due a work environment free from harassment as per federal and state protections. The California Fair Employment and Housing Act (FEHA) protects employees in such circumstances and is an excellent resource for learning about your rights and related discrimination and harassment regulations. The State of California Civil Rights Department also clearly examines and lists these statutes and rights. Workers are further safeguarded by federal protections under the US Equal Employment Commission (EEOC). The emphasis on asserting your right to a harassment-free workplace is apparent in the Golden State; however, not all employers and workers acknowledge these laws. Creating a culture of respect and inclusion as a supervisor is vital in deterring harassment within your teams and preserving a safe and welcoming workplace for yourself, too.
Reporting Harassment: A Step-by-Step Guide
Knowing how to report harassment is paramount. Filing a claim with HR, through a state channel, or with your employer involves:
- Documenting incidents.
- Organizing documentation.
- Reporting to superiors or HR.
- Comprehension of the reporting process within California’s legal framework.
- When necessary, seek legal advice.
Exploring Your Options for Legal Recourse
Knowing what legal options are available to you is essential. Individuals facing harassment in the workplace have several legal avenues when speaking up and fighting against any form of harassment. If you find yourself a victim of harassment by a subordinate, you can take specific steps to address the situation.
One direct legal option is to file a complaint with California DFEH. The DFEH is assigned to enforce California’s employment and housing anti-discrimination laws. Filing a complaint initiates an investigation into the allegations, and if the DFEH finds substantial evidence, they may take action against the employer. Included in these actions is the DFEH issuing a Right-to-Sue notice. As the victim, you can pursue a private lawsuit against the harasser and potentially the employer.
Moreover, exploring mediation can be a productive legal alternative. Mediation involves a neutral third party stimulating discussions between the parties involved. Mediation can sometimes lead to a resolution without resorting to formal legal action. In some cases of harassment, the option of mediation can be less stressful for the victim than taking the case to court and potentially to trial. However, if these routes are unsatisfactory, pursuing a lawsuit against the harasser and, if applicable, the employer may become required. Consulting with a proficient and skilled employment attorney becomes crucial at this stage to navigate the complexities of legal proceedings and ensure your rights are protected throughout the process.
Proper documentation is critical in addressing harassment. We’ll provide practical advice on documenting incidents, collecting and preserving records, and building a solid case, offering guidance for those weighing legal action. Supervisors will also learn about documentation as a preventive measure in addressing team dynamics.
Consulting an Employment Attorney: When and How to Seek Legal Counsel
In cases where harassment persists or the response from your employer is inadequate, seeking legal counsel might be necessary. A skilled California employment lawyer understands all the complexities of workplace harassment cases and is prepared to navigate the challenges. If you’re dealing with harassment from a subordinate in California or a supervisor seeking guidance on preventing or addressing harassment, our experienced Employment Law attorneys are prepared to provide compassionate and effective legal assistance. To put your mind at rest and ensure you leave all options open to yourself, contact our offices at Sanford A. Kassel for a free and confidential consultation.
