Workplace harassment is a form of discrimination in California. According to the US Equal Employment Opportunity Commission, harassment occurs when you are being subjected to a work environment that is intimidating, hostile or offensive. But this would be based on how a reasonable person looks at the situation. It is not enough that something is annoying or happening once or twice, unless it is extreme. But if there is ongoing improper threats and insults that are actually part of the work environment, you do not have to put up with it.
Harassment also has to be unwelcome and based on you being part of a protected class, such as your race, your color, religion, sex, pregnancy, your national origin, disability or genetic information. If you are being harassed at work, do not quit. You are much better off when you file a claim against the company while you are still working there because you are going to be able to gather more evidence. Are you a target of workplace harassment from your co-workers or management? They are going to have a clique of people who are going to back them up against your accusations. That means that you are going to have to have some kind of evidence to disprove more than one person.
The easiest and the best way to do that is by staying at work and standing up for yourself. Take that with a grain of salt, though, if the harassment is having a severely detrimental effect on your physical or mental health. Obviously, making sure you are safe is much more important than winning a lawsuit. But the point is that the best strategy to help you build a case is you staying at the company.
This blog post does not render legal advice.
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