Common Mistake #4 – Failing to Follow-Up After Complaining to the Employer

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After an employee makes a complaint to his or her employer regarding sexual harassment, the employer is required to take action. The California FEHA states that employers must take all reasonable steps to prevent unlawful harassment. California and federal law requires that an employer must take remedial action in response to a report of sexual harassment.

Once an employer discovers that their employee is participating in sexual harassment, the employer is obligated to take remedial action that is reasonably calculated to end the harassment by means of imposing adequate consequences to make certain that the workplace will be free from sexual harassment. If the remedies put in place by the employer do not result in an end to the harassment, the employer must institute harsher disciplinary actions until the harassment stops.

After an employee makes a sexual harassment complaint to his or her employer, the employee should not stop there. The employee make sure that the employer is taking action to end the harassment, and that sufficient consequences are imposed. An employer is liable for failing to take sufficient remedial action to end workplace sexual harassment. An attorney can help an employee victimized by sexual harassment to analyze the actions taken by the employer and to assess if the employer has done enough to rectify the situation. An attorney can also write a demand letter for the employee, requesting that the employer take certain further steps to remedy the situation and stop the harassment.

Common Mistake #5 – Not Getting Mental Health Care Early
Common Mistake #3 – Not Reporting the Harassment Early
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