#MeToo is for You, Too: Part 2

Employee Discrimination, Harassment , , , , ,

The #MeToo movement is working towards eliminating harassment or assault from daily concerns. While many companies are striving towards more transparent workplaces, some still struggle to provide harassment or assault protection resources for their employees and colleagues. Changes being made within the workplace to end harassment reach much farther than sexual harassment; because of the #MeToo movement, systems are evolving to protect against many forms of harassment.

It is unlawful employment practice in California for an employee to “fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.” (Government Code 12940(k).) You have the right to take action to ensure your workplace meets the standards of the U.S. Government in protecting you and other employees.

The hardest part about moving forward is finding the next steps to take. Here are three next steps if you are concerned about a situation in your workplace.

  1. Contact an attorney.

It is important to contact an attorney before moving forward. Attorneys are up to date on local, state, and federal laws that will apply to your specific case. Your attorney will work with you on every step along the way and will provide key instruction to ensure your success in communication and steps forward.

  1. File a Claim.

Provide as many details and examples of the incident(s) to your attorney. All details will be helpful in compiling a full report and providing examples of all work place policy discrepancies to win your case. Your attorney will use this information to write a claim showing fault and intent for action.

  1. Fight for Your Rights.

Once your claim has been sent and received, the next steps can be variable. Whether the threat of a claim is enough to solve your problem, or you must file a lawsuit, you have begun your journey towards fighting for your right to be supported and protected against harassment.

Harassment in the workplace can be a difficult subject to approach, especially if there are no support systems in place to protect you and your job. Luckily, there are many resources for you to utilize and a lot of support backing the end of harassment today.

If you have any questions regarding harassment, protective systems provided by your employers, or specific cases, we are happy to answer your questions or set up an appointment with you today. Visit www.bakerlawllp.com for more information.

#MeToo Is For You, Too

Employee Discrimination, Harassment , , , ,

If you’ve had access to a smartphone, computer, television, or even a newspaper in the last year, it is no surprise to you that harassment is prevalent in the news and not to be taken lightly. The #MeToo movement has surfaced unfortunate truths of what can take place in public areas, at home, or even at work. People are standing up for themselves and all industries should be working towards creating a safe space that holds people accountable and protects employees.

 

Movements like this are eye-opening for employers and employees. It begs the question, what constitutes harassment and what are our rights?

 

Luckily, there are measures you can take to protect yourself. To begin, we will start by defining harassment.

 

According to Roby v. McKesson Corp (2009), harassment “refers to bias that is expressed or communicated through interpersonal relations in the workplace.”

 

There are multiple types of harassment in the business world, but some of the most common are sexual, racial, and gender. So how do you keep this from happening to you?

 

Here are five simple questions you can ask and steps you can take to protect yourself from harassment within your work environment.

 

  1. What is the written policy regarding harassment?

Ask your employer if there is a written harassment policy. If so, familiarize yourself with the policy and related resources. If not, work with human resources or your superior to request the creation of a written policy. Allowing full transparency of the policy will allow all employees, including yourself, to feel comfortable with knowing what you are protected from and what is considered inappropriate behavior that should be brought to light.

 

  1. Is the complaint process clear and comfortable?

Understand the steps needed to file a harassment complaint. Speak with your employer to determine the best point of contact and to identify an option who is not your direct superior. It is important for you to know you can speak with a member of the company who is not your direct supervisor. Filing a complaint is stressful and the additional stress of approaching a superior can be enough to deter you from speaking up, causing further problems.

 

  1. Is there a thorough, fair, and timely investigation process?

If there are no systems to protect you in the workplace, you may not be taken seriously or cared for. Speak with your employer or superior to determine set protocols. If there are none, contact human resources to request the outline of an investigation process in writing.

 

  1. Will you have confidentiality and protection if you speak up?

No matter the situation, this is a sensitive subject for all parties involved. Confidentiality is key to providing the support necessary for you and allows you to feel comfortable and safe through the process. It could also protect you from opinions and criticism that may result in increased harassment by co-workers. You have a right to feel safe from judgement or further harassment through the reporting and correction process.

 

  1. Will your company/employer follow through with action?

The most important step is to confirm the processes are in place that leave you confident your company or employer will take every incident seriously and will take the necessary steps to protect you. If you are ever in an incident of harassment, your company should assure you of their value of you as an employee and person and demonstrate the necessary steps to insure your safety and protection.

 

The #MeToo movement has inspired change and a voice for this ongoing problem within the workplace. You, too, can step up to prevent harassment in the workplace. Follow these five steps, ask the right questions, and work with your company or employer to perfect your prevention plan.

 

If you are concerned about the resources offered by your company to protect you from workplace harassment or if you have experienced harassment and need additional support outside your company, reach out to us today.