Dealing with an anonymous sexual harassment complaint can be challenging, especially in California, where laws require employers to take specific actions to ensure a safe and respectful workplace. 

Experienced employment lawyer Lisa Sherman understands the complexities that arise when navigating such situations and is here to guide you every step of the way.

In this blog, we’ll walk you through what happens after you receive anonymous sexual harassment claims from opportunistic employees in California.

Elements in Proving Unlawful Sexual Harassment in California

Unlawful sexual harassment in California is defined by specific legal criteria that must be met to substantiate a claim. 

Here are the key components that courts consider when evaluating whether workplace conduct crosses the line into unlawful harassment:

  • Sexual Conduct: The conduct must be sexual in nature. Even seemingly non-sexual actions can be considered sexual harassment if the context or communication suggests a sexual meaning.
  • Unwelcomeness: The conduct must be unwelcome. The focus is on how the victim responded, with attention given to the context, relationship, and any documented communication.
  • Severe or Pervasive Conduct: The conduct must be severe or pervasive. A single severe act or frequent smaller actions that create a hostile environment can meet this threshold.
  • Objectively Offensive Conduct: The conduct must create a hostile working environment that would be offensive to a reasonable person in the victim’s position, using an objective standard.
  • Subjectively Offensive Conduct: The conduct must actually offend the victim, impacting their ability to work or feel safe in their environment.
  • Alleged Conduct Caused the Employee Damages: The employee must show that the harassment caused them measurable damages, such as lost wages or emotional distress, backed by evidence.

An experienced employment lawyer can provide invaluable guidance and build a strong defense in navigating the complexities of a sexual harassment claim. 

Steps to Take After Receiving an Anonymous Sexual Harassment Complaint

When an anonymous sexual harassment complaint is received, it’s crucial to follow a structured approach and effective legal action to ensure compliance with California laws and to protect all parties involved.

1. Acknowledge the Complaint

Ensure that the complaint is taken seriously, regardless of anonymity. Document the complaint and any associated details, such as: 

  • Date
  • Time
  • Nature of the allegations

2. Conduct a Prompt and Thorough Investigation

Under California law, employers are legally obligated to conduct an investigation into potential unlawful harassment claims, even if the complaint is anonymous.

The investigation should be comprehensive and impartial, considering all relevant evidence and witnesses.

3. Protect Against Retaliation

Anonymous or not, a California employer is legally obligated to conduct a prompt, thorough investigation of potential unlawful harassment claims, regardless of who made them. 

Retaliation is a major concern, especially when a complaint is made anonymously. The fact that the complaint was anonymous strongly suggests that the complainant fears retaliation. If the accused executives are demanding action, it suggests they have been informed of the allegations. However:

  • They may not have been properly informed (preferably in writing).
  • They may have disregarded the clear instruction against retaliation.

The accused persons are prohibited from retaliating against any of the following: 

  1. Any person who has complained
  2. Any person believed to have complained
  3. Any person who experienced, observed, or witnessed the alleged unlawful conduct
  4. Any person who participates in any way in the investigation of the allegations

4. Communicate the Process

Inform all relevant parties about the investigation process and what they can expect. Reassure the accused that the investigation will be fair and thorough, and emphasize the importance of non-retaliation.

5. Document Everything

Keep detailed records of the confidential investigation, including the following:

  • Interviews
  • Evidence gathered
  • Any actions taken

Documentation is crucial for demonstrating that the employer fulfilled their company policies and legal obligations under California law.

Contact Our California Employment Lawyer Today

Addressing an anonymous sexual harassment complaint in California demands a thoughtful and informed approach. 

Lisa Sherman has decades of experience assisting employers in effectively managing claims to ensure California businesses can continue operating smoothly. For more details on the essential elements of proving unlawful sexual harassment, contact us at (323) 488-2087 or email lisa@sherm-law.com.