How Do I Report Workplace Harassment?

Freedom from unlawful discrimination and harassment at your job isn’t just a perk—it’s your fundamental right. But what happens when someone takes those rights away? What happens when someone at work makes you feel uncomfortable, scared, isolated, or unwelcome through their words or actions?

This is the painful reality of workplace harassment. It’s a serious problem that can turn a job you once liked into a place you dread going to every day. It can weigh on your mind, affect your health, and spill over into your personal life.

If you are reading this because it’s happening to you, the first and most important thing to know is this: You are not alone; it is not your fault, and you can make it stop. Consult a San Diego workplace retaliation attorney immediately to learn how.

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What Are “Protected Characteristics”?

Lawmakers created laws to protect people from discrimination based on certain aspects of their identity. These are called protected characteristics. While they can vary slightly from place to place, they generally include:

• Race and Color
• Religion or Creed
• National Origin or Ancestry
• Sex, Gender, Gender Identity, and Gender Expression
• Sexual Orientation
• Age (usually 40 and over)
• Physical or Mental Disability
• Medical Condition (like cancer)
• Marital Status
• Pregnancy and Childbirth

This means that if someone is bothering you specifically because you are a woman, you are from a certain country, or because of your religion, the law offers protection. An employment lawyer lives and breathes these categories. They can quickly determine whether the abuse you’re facing relates to a protected part of your identity—a vital factor in building a legal claim.

The Different Faces of Harassment

Harassment can appear in many ways, some obvious and some painfully subtle. Here’s a closer look at what it can look like:

• Verbal or Written Harassment: This is the most common form. It includes telling offensive jokes, using slurs, and making insulting comments about someone’s gender or body. It can also be more sneaky, like constant unfair criticism, spreading nasty rumors, or repeatedly imitating someone’s accent to make fun of them. Sending harassing emails or text messages also falls into this category.
• Physical Harassment: This type of harassment involves your personal space and body. It includes unwanted touching, such as pats, grabs, or hugs. It can also mean physically blocking your path, standing too close on purpose to make you uncomfortable, or any form of physical assault.
• Visual Harassment: This involves offensive images or actions. Examples include displaying racist cartoons, showing sexually suggestive pictures, or having offensive screensavers. Making crude gestures or leering (staring in a sexually suggestive way) can also create an intimidating environment.
• Sexual Harassment: This is a particularly damaging form of harassment that is about power and control. One form is “Quid Pro Quo” harassment, a Latin phrase for “this for that,” which happens when a boss or someone in power suggests a sexual favor in exchange for a job benefit (like a promotion) or to avoid a punishment (like being fired). The other common form creates a hostile work environment, where unwelcome sexual comments, advances, or other behaviors are so frequent or severe that they make it difficult for you to do your job.

For more examples, the U.S. Equal Employment Opportunity Commission (EEOC) provides information on its Harassment page. While helpful, this information is no substitute for advice tailored to your specific situation from a real lawyer.

Your Employer’s Legal Duty

Understanding your employer’s legal responsibility to provide a workplace free from this behavior. State laws are often very clear about a company’s duties. For instance, some laws require employers to take specific, proactive steps. An example in this state government code outlines an employer’s duty to prevent harassment (see subsection j, k). You can hold a company that fails to do this responsible, and an employment lawyer knows how to prove that the company dropped the ball.

Step 1: Write Everything Down With Your Lawyer’s Help

When you’re in a stressful situation, details can blur. That’s why your most important first step is to document everything. Think of yourself as a detective building a case. The evidence you gather is the foundation of your claim.

Get a private notebook or create a secure document on your computer—never use work equipment. For every single incident, write down:

• What happened? Be specific. Write down exact quotes if you can.
• Who was the harasser? Write down their full name and job title.
• When did it happen? Note the full date and the exact time.
• Where did it happen? Be precise.
• Who else saw or heard it? List the names of any witnesses.
• How did it make you feel? This is very important. Did it make you feel humiliated, angry, scared, or anxious? This shows the emotional distress the harassment caused.

Here’s how a lawyer makes this step even more powerful:

An attorney can help you focus your documentation on the details that carry the most legal weight, ensuring clear, credible, and effective notes.

They know what details hold the most weight in a legal setting. They guide you to focus on the facts that build a strong case and advise how to phrase things to prevent your notes from being twisted or used against you later. This guidance is priceless.

Preserve All Evidence

Keep copies of everything. Forward harassing work emails to your email. Take screenshots of texts and chats. Take pictures of offensive notes or drawings.

A lawyer can organize this evidence into a clear timeline that presents a strong case to your employer or a government agency. Documenting and preserving all evidence strengthens your position and supports your claim.

Step 2: Report It to Your Company – A Step You Shouldn’t Take Alone

After you have started documenting, the next official step is to report the harassment internally. This can feel like walking into the lion’s den, which is why having a workplace harassment attorney in your corner is valuable.

The law often requires you to give your company a chance to solve the problem, and how you do this can make or break your case.

Find your company’s anti-harassment policy in the employee handbook or intranet. This policy will tell you who to report to—usually HR or a manager. 

State laws often demand that companies have these policies. For example, some laws require companies to give every employee a fact sheet about harassment. Some laws even require specific training.

Why a Lawyer is Your Best Ally Here:

Going to HR alone can be a huge risk. HR’s primary job is to protect the company from legal risk. While this can lead to a fair resolution, their interests may not always align perfectly with yours.

They may try to downplay your complaint, find ways to blame you, or conduct a weak investigation to make the problem go away quietly.

When a workplace harassment attorney gets involved, everything changes. Your lawyer can do several things:

• Draft the Complaint for You: Employers take a complaint letter from a lawyer far more seriously than an email from an employee. It signals the company that you know your rights and are prepared to defend them.
• Ensure It’s Done Right: Your lawyer will ensure the report is sent to the right people and contains all the legally necessary information.
• Protect You: The company knows it is being watched. When a lawyer is copied on the email, they are less likely to ignore your complaint or try to sweep it under the rug.

After you report it, the company must conduct a fair investigation. When a lawyer gets involved, the investigation is more likely to be taken seriously.

Step 3: Escalate Your Complaint – The Power of a Formal Claim

What if your company ignores your report or the harassment continues? Your next step is to go outside the company by filing a harassment claim with a government agency. The federal agency is the EEOC, and most states have their own civil rights agency. Here is an example of the state’s official complaint page that explains the process.

This is a formal legal action, and it is full of rules, forms, and deadlines. A court can throw out your entire case if you make a simple mistake on a form or miss a deadline. This is another reason why legal help is so important. An employment lawyer does this for a living. They will handle the paperwork, communicate with the agency investigators, and build your case to be as strong as possible from the beginning. They turn a confusing and intimidating process into a manageable one.

Protecting Yourself from Workplace Retaliation

One of the biggest fears people have is the fear of being punished for speaking up. This is called workplace retaliation, and it is illegal. Punishing an employee for reporting harassment is against the law. This includes being fired, demoted, denied a promotion, or unfairly given bad assignments.

The laws that outlaw harassment also have strong rules against retaliation. However, proving retaliation can be difficult. A lawyer knows what evidence is needed to connect the company’s bad behavior to your harassment complaint. If the company retaliates against you, your lawyer will be ready to fight back immediately, often by filing a second legal claim for retaliation, making your overall case even stronger.

The Most Important Step: Why You Should Talk to a Lawyer

As you can see, at every step of this process, the person with a lawyer has a huge advantage. An employment lawyer does more than just give advice; they become your active partner in the fight for your rights.

Here is a summary of the immense value a lawyer brings:

• They Take the Burden Off You: They handle the stressful communications with the company and its lawyers so you can focus on your well-being.
• They Are Taken Seriously: A company’s attitude changes when they know a lawyer is involved. They know they can’t use their normal tactics to intimidate or dismiss you.
• They Know Your Case’s True Worth: A good lawyer can evaluate your damages, including lost earnings, emotional pain and suffering, and potential future losses, to make sure you are demanding fair compensation.
• They Are Skilled Negotiators: Parties settle most cases outside of court. Your lawyer will negotiate on your behalf to get you the best possible outcome without you ever having to step foot in a courtroom.
• They Cost Nothing Upfront: Almost all employment lawyers work on a contingency fee basis. This means you don’t pay any attorney’s fees unless they successfully recover money for you. You should always discuss how case-related costs are handled, as these may be separate from attorney’s fees.

Questions and Answers About Workplace Harassment

How long do I have to report harassment?

Statutes of limitations set strict deadlines for filing a formal complaint. For federal claims, you typically have 180 or 300 days from the last incident to file a charge with the EEOC, depending on your state’s laws.

Act quickly, as missing this deadline can prevent you from ever bringing a case. An attorney can confirm the exact deadline for your specific situation.

What if the harassment happened a while ago, but I’m only realizing now it was illegal?

Even if some harassing incidents are outside the statute of limitations, they may still be relevant under the continuing violation doctrine.

If the older acts are part of an ongoing pattern of harassment that includes at least one act within the time limit, you may still include them in your claim. This is a complex legal area where you must consult a lawyer.

What if my harasser is not a coworker but a customer, client, or vendor?

You can still hold employers liable for harassment by third parties, like customers or clients, if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action. If you reported customer harassment to your manager and they did nothing, a lawyer can help you hold your employer responsible.

What should I do if my company’s investigation seems like a sham?

If your employer conducts a superficial investigation that is clearly designed to protect the harasser or the company, document your concerns and consult a lawyer.

Note who was (and was not) interviewed, the questions you were asked, and why you feel the process was unfair. This information can become crucial evidence in a later legal claim. Discuss this critical point with an employment attorney.

Can I secretly record my harasser at work?

Never do this without an attorney’s advice. Doing so could break the law and subject you to criminal prosecution.

The legality of recording conversations depends on state wiretapping laws. Some states require all parties to consent to being recorded (two-party consent), while others only require one party’s consent (which would be you).

Illegally recording a conversation can result in civil or even criminal penalties and may harm your harassment case.

Never record anyone without first consulting an attorney.

You Are Not Alone – Take the Right First Step Today

Experiencing harassment can make you feel powerless, but you have more power than you realize when you have the right help. You have the power to speak up, to seek justice, and to demand a safe and respectful workplace.

While this guide has shown you the general steps, the single most important step you can take is the first one: calling an experienced California employment lawyer. They can take this roadmap and guide you through it safely and effectively.

You deserve to work in a place where you feel respected and secure. Don’t let anyone take that away from you. You have the right to report workplace harassment, and you have the right to have a powerful advocate on your side. You can do this. Taking action is the first step toward reclaiming your workplace safety and dignity.

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