Sexual Harassment a Growing Problem for California Workers
Employees are entitled to a safe workplace where they are free from harassment, but sexual harassment continues to be a pervasive problem for workers across the country. While victims are legally protected if they come forward and report this type of harassment, too many employers prefer to sweep the problem under the rug and punish the victim instead. This creates a culture where people are afraid to speak up and harassers are allowed to target coworkers as they please.
In response to a number of employment issues throughout the state, a number of new employment bills will be taking effect in California in 2023. One of these laws focuses on addressing the issue of sexual harassment and assault. If your business or one of your employees has been accused of sexual harassment, call The Law Offices of Robin D. Perry & Associates at 562-216-2944 to schedule a consultation with an employment lawyer now. You must handle these claims carefully to protect your employees and avoid lawsuits that could bankrupt your company.
Multi-State Sexual Harassment Case Includes California Restaurants
Employees in every industry are at risk of sexual harassment, but the majority of claims involve female employees. In one recent case, a franchise owner who owns 18 McDonald’s restaurants in Nevada, Arizona, and California was sued by the EEOC.
Beginning in 2017, the LLC knew of sexual harassment occurring across over one dozen of its stores. Perpetrators included supervisors, managers, and lower-level employees. The primary victims were teenage employees, and they were subject to unwanted touching, sexual advances, offensive comments, and intimidation. Despite repeated reporting, the LLC did nothing to address these complaints and failed to protect victims. As a result, many employees were forced to resign to protect themselves.
The EEOC brought a lawsuit against the LLC managing these restaurants because such behavior violates Title VII of the Civil Rights Act of 1964. When an employer becomes aware of harassment, they are legally required to stop workplace harassment.
As a result of this case, the company must have an outside EEO monitor their harassment protocols and enhance training and educational procedures. Additionally, victims of sexual harassment may be entitled to compensation.
Sexual Harassment Statistics in California
Research shows that sexual harassment is a big problem in California. The University of California at San Diego conducted research on sexual harassment rates across the state, finding that reports of sexual harassment experienced by women are 5% higher in California than the national average. Reported incidences are 10% higher for men. Over 86% of women in California report having experienced sexual harassment and 53% of men have reported the same.
The EEOC also maintains statistics on sexual harassment charges across all states. In 2021, California had over 300 sexual harassment charges. Women comprised 75% of the victims in these cases. California made up 4.6% of all charges in the United States.
One big change coming to California comes in the form of AB 2777, a bill that addresses the statute of limitations for sexual assault claims. This law revives claims that would have otherwise been barred because of the statute of limitations expiring. It also revives claims in which one entity intentionally covered up evidence and prevents people from coming forward. This includes claims in which victims or witnesses were forced to sign nondisclosure agreements and confidentiality agreements, tools often weaponized against victims in the workplace.
Protecting Your Company and Employees in the Face of Harassment
When employees are targeted by a harasser at work, it can be hard for them to stand up for themselves. It’s even harder if they report the harassment and end up paying the price. Too many employers cut the victim’s work hours, force them to take a less desirable shift, or otherwise make them absorb the consequences of the offender’s actions.
If your company is facing reports of sexual harassment, it’s time to talk to an employment attorney. You are legally obligated to protect your employees from sexual harassment and avoid punishing them for an offender’s actions. A thorough investigation with an employment attorney is necessary.
Turn to the Law Offices of Robin D. Perry & Associates
At the Law Offices of Robin D. Perry & Associates, we can help companies who are facing tricky employment legal issues. Find out how we can help you now. Just set up a consultation by calling us at 562-216-2944 or requesting a case evaluation online.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
