Your Rights Against Workplace Harassment in San Jose

Workplace harassment can have a profound impact on an employee's mental health, career growth, and overall well-being. Unfortunately, many victims of workplace harassment in San Jose endure this mistreatment without knowing their rights or how to take action. If you're facing harassment at work, it’s essential to understand the legal protections available and the steps you can take to safeguard yourself.

California is recognized for its progressive employment laws, providing employees with comprehensive protection against harassment and discrimination. At The Law Offices of Kenneth Chike Odiwe, we stand with victims of workplace harassment, ensuring they have the resources and legal support to fight for justice.

This guide explains the different types of workplace harassment, your legal rights, and the actions you can take to seek compensation and prevent further mistreatment.

What is Workplace Harassment?

Workplace harassment refers to unwelcome conduct that targets an individual based on protected characteristics such as race, gender, religion, disability, age, or sexual orientation. This behavior can create a hostile, intimidating, or offensive work environment that interferes with the victim’s ability to perform their job.

Workplace harassment can manifest in various forms, including:

• Verbal Harassment – Insults, slurs, or offensive jokes.

• Physical Harassment – Unwanted physical contact or intimidation.

• Visual Harassment – Displaying offensive imagery or written material.

• Sexual Harassment – Unwanted advances, inappropriate comments, or requests for sexual favors.

Harassment becomes illegal when:

• It creates a hostile work environment.

• It results in adverse employment decisions (e.g., demotion, termination).

• It interferes with work performance.

Types of Workplace Harassment in San Jose

Understanding the types of harassment can help employees recognize and respond to mistreatment.

1. Sexual Harassment

One of the most frequently reported forms of harassment, sexual harassment includes:

• Quid Pro Quo Harassment – When employment benefits (such as promotions) are offered in exchange for sexual favors.

• Hostile Work Environment – Persistent unwelcome sexual behavior that interferes with job performance or creates discomfort.

🔹 Example: A supervisor threatens to fire an employee if they refuse to go on a date.

California’s Fair Employment and Housing Act (FEHA) provides strict protections against sexual harassment, ensuring victims have legal recourse.

2. Racial and Ethnic Harassment

Harassment based on race, ethnicity, or national origin is illegal under Title VII of the Civil Rights Act of 1964. This includes:

• Offensive racial slurs or jokes.

• Unequal treatment based on race.

• Mocking cultural practices or accents.

🔹 Example: Repeated derogatory remarks about an employee’s ethnicity during meetings.

3. Disability Harassment

The Americans with Disabilities Act (ADA) and California laws prohibit harassment based on physical or mental disabilities. This can involve:

• Failing to provide reasonable accommodations.

• Teasing or excluding employees because of a disability.

• Intentionally creating barriers to participation in workplace activities.

🔹 Example: Mocking an employee’s use of a wheelchair or refusal to install a ramp.

4. Gender Identity and LGBTQ+ Harassment

California law prohibits discrimination and harassment based on gender identity, gender expression, and sexual orientation. This includes:

• Refusing to address employees by their chosen pronouns.

• Harassment regarding gender transition.

• Outing or threatening to out LGBTQ+ employees.

🔹 Example: Co-workers deliberately misgendering an employee or making derogatory comments.

5. Religious Harassment

Harassment based on religious beliefs or practices is illegal. This includes:

• Mocking religious attire or rituals.

• Refusing to allow religious accommodations.

• Promoting one religion while disparaging others.

🔹 Example: Teasing an employee for wearing a hijab or scheduling important meetings during religious holidays.

Laws Protecting Against Workplace Harassment in San Jose

San Jose employees benefit from a strong legal framework designed to protect against workplace harassment. Key regulations include:

• Fair Employment and Housing Act (FEHA): Prohibits workplace discrimination and harassment in California.

• Title VII of the Civil Rights Act: Federal law banning discrimination based on race, color, religion, sex, or national origin.

• Americans with Disabilities Act (ADA): Protects employees with disabilities from discrimination and harassment.

• California Labor Code Section 1102.5: Prevents employers from retaliating against employees who report harassment.

• California Family Rights Act (CFRA): Provides additional protections for employees needing leave for medical or family reasons.

Recognizing Workplace Harassment

Harassment isn’t always overt. Signs that harassment may be occurring include:

• Frequent use of offensive language.

• Being excluded from meetings or projects.

• Receiving unwarranted negative performance reviews.

• Threats of demotion or job loss.

• Inappropriate jokes, emails, or gestures.

Steps to Take if You Are Facing Harassment at Work

If you are experiencing workplace harassment in San Jose, it is critical to act promptly. Here’s what you can do:

1. Document Everything

• Record all incidents of harassment (including dates, times, and witnesses).

• Save emails, texts, and written communications.

2. Report the Harassment

• File a complaint with HR or your supervisor.

• Request a written response to ensure accountability.

3. File with the California Civil Rights Department (CRD)

If the harassment persists, file a complaint with the California CRD (formerly DFEH).

• The CRD can investigate claims and issue a Right to Sue notice if necessary.

4. Seek Legal Counsel

A workplace harassment lawyer in San Jose can provide guidance and ensure that your case is handled correctly.

What Compensation Can You Receive?

Victims of workplace harassment may seek compensation for:

• Lost Wages and Back Pay.

• Emotional Distress and Psychological Harm.

• Punitive Damages – To punish the employer for egregious conduct.

• Attorney’s Fees and Legal Costs.

The Law Offices of Kenneth Chike Odiwe – Advocating for Harassment Victims

At The Law Offices of Kenneth Chike Odiwe, we are committed to standing by employees facing workplace harassment in San Jose. We fight to ensure that justice is served and that you receive the compensation you deserve. Don’t suffer in silence – take the first step towards reclaiming your workplace rights today.