Common Mistakes

Common Mistake #1 – Not Telling the Harasser to Stop

In order to prove a cause of action for sexual harassment, the plaintiff must show that the harasser’s behavior was unwanted. In order to be sure that the harasser knows…

Common Mistake #2 – Not Documenting the Harassment

As the harassment occurs, it can be helpful in later litigation to have a written account of each incident of harassment that took place. As part of documenting the harassment,…

Common Mistake #3 – Not Reporting the Harassment Early

Under California law, there is an affirmative defense to limit damages in harassment actions called the avoidable consequences defense, which an employer may raise when a sexual harassment victim delays reporting the…

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

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…

Common Mistake #5 – Not Getting Mental Health Care Early

Another mistake that victims of sexual harassment sometimes make is thinking that they should cope with the affects of sexual harassment on their own. Victims of sexual harassment may be affected by…

Common Mistake #6 – Not Knowing What Constitutes Actionable Sexual Harassment or Discrimination

It is important for victims to know their rights. Using tools such as literature on sexual harassment and the advice of an attorney to understand what conduct constitutes sexual harassment is a powerful step in…

Common Mistake #7 – Not Understanding Retaliation

It is illegal for an employer to retaliate against a sexual harassment or discrimination victim for filing a charge with the DFEH or EEOC, participating in a sexual harassment investigation, or opposing discriminatory practices. If, for example,…

Common Mistake #8 – Taking Management’s Word That the Victim Does Not Have a Case

An employer’s human resources department has the goal of protecting the employer. After a sexual harassment victim makes a complaint to management or the human resources department, it is important for sexual…

Common Mistake #9 – Failing to File an Administrative Complaint in Time

As a prerequisite for a lawsuit for sexual harassment in California, a potential plaintiff is required to get a right to sue letter from either the California Department of Fair…

Common Mistake #10 – Not Checking for an Arbitration Agreement

Contractual arbitration has become increasingly popular for employers over the years, and so it is important for victims of sexual harassment to check to see if they are bound to…