Sexual Harassment and Discrimination
Applicable state and federal law defines sexual harassment as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when: (i) submission to the conduct is made a term or condition of employment, (ii) submission to or rejection of the conduct is used as basis for employment decisions affecting the individual, or (iii) the conduct has the purpose or effect of unreasonably interfering with the employee's work performance or creating an intimidating, hostile, or offensive working environment.
Employers are required to prohibit discrimination because of race, color, national origin or ancestry, citizenship, pregnancy, childbirth or related medical conditions, sex, religion, creed, physical or mental disability (including HIV and AIDS), marital status, sexual orientation, age, genetic characteristics, or any other basis protected by federal, state, or local law. All such discrimination is unlawful.
If you are subject to workplace harassment or discrimination, adhere to your company’s policies with regards to handling the situation. If no written policies exist, you should notify your immediate supervisor.
In assessing racial discrimination and sexual harassment cases, detailed policies on diversity, discrimination, sexual harassment training, and basic management techniques are ideal. All employees should be educated in these policies, and the procedures must be enforced fairly and consistently; if the employee does not follow or utilize the policies, it could negatively impact the outcome of the court proceedings. The victim of harassment or discrimination in the workplace has the legal burden of making use of these policies and following the company's procedures. When you file reports, be as specific as possible about what happened.
It is important to take notes of significant events immediately after they occur. Documenting each occurrence will help you to remember specific nuances in the discriminatory or harassing actions that you were subjected to, which will be helpful when compiling evidence and presenting your case to a court. All of the notes could be evidence in your case. Therefore, limit your note taking to only the relevant harassing or discriminatory conduct.
Recording Conversations
In California, tape recording conversations without the consent of the other person involved in the communication is a prosecutable crime. Even if you do record damaging admissions, the content will most likely not be admitted as evidence in support of your case. However, if you make an admission that damages your case, then it can be used as evidence against you.