47

After you report the sexual harassment to your employer, whether in person or in writing, your

employer is supposed to quickly and eectively end the harassment. However, sometimes

employers either do not try to x the harassment or the employer’s eorts are not enough. And,

sometimes, an employer will retaliate against an employee for reporting sexual harassment even

though retaliation is illegal. If the harassment did not end after you reported it or if you have been

retaliated against, you may want to report to your employer again. Or, if you initially complained

to your supervisor but your supervisor has not xed the problem, you may want to complain to

Human Resources or another manager.

approximately), and where it happened.

Do not forget to keep a copy of your complaint!

The Sample Letter Reporting Continuing Sexual Harassment and/or Retaliation is a ll-in-the-

blank example of how to report continued sexual harassment and retaliation to your employer.

There is also an example letter that uses the Sample Letter to report further harassment after the

employee’s initial complaint and retaliation by her supervisor.

Sample Employer Notification Letter 2:

Reporting Continued Sexual Harassment or

Retaliation to Your Employer

48

1) When did you rst complain? ____________________________________________________________

responses, such as victim-blaming comments, telling you to “work it out” with the harasser,

or saying the company couldn’t do anything.

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

6) How have you tried to x the problem? Describe any steps you have taken to resolve the

situation, such as ling a complaint with your employer, participating in your employer’s

investigation, etc.

________________________________________________________________________________________________

________________________________________________________________________________________________

49

Has your harasser continued to harass you after you rst reported the harassment?

YES NO

7) If no, please go to the next section. If yes, please describe what happened. Describe any

verbal comments, visual harassment, or physical conduct. For examples, see “Sample Letter

to Report Sexual Harassment” on pages 36-39. Please be as detailed as possible.

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

8) When did this happen? Did it happen once, more than once, or often? Do you remember

the date or approximate date(s) that it happened?

Have you been retaliated against? YES NO

Retaliation

50

You have the opportunity to describe what you would like to happen to x this problem.

For example, you can request that your employer investigating the harassment, scheduling

your harasser on dierent work shifts than you, disciplining the harasser, assigning you a

new client or work team, implementing anti-harassment trainings for all employees, and/or

correcting a negative performance evaluation you received due to the harassment.

Resolving the Problem

It is ok if you have not yet told your harasser to stop. However, if you have, that information

is important.

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

10) When did this happen? Did it happen once, more than once, or often? Do you remember

the date or approximate date(s) that it happened?

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

51

16) What would you like your employer to do to x the problem?

________________________________________________________________________________________________

52

To #4 Name of Human Resources director, supervisor, program director, or other manager:

On or around #1 Date that you reported the harassment (or your best estimate), I notied

#2 Name of the company employee you reported the harassment to [in person/by email/by

phone] that I was sexually harassed by #3 Harasser’s Name(s).

Re: Reporting Continued Sexual Harassment [and/or Retaliation]

Today’s date

Using your answers to the questions above, write your letter using this template. When you see

blue italicized text, replace it with the answers you wrote.

Reporting Continued Sexual Harassment and / or Retaliation

Sample Letter 2:

53

my job. Under the law, an employer must take all reasonable steps necessary to promptly

correct and remedy harassment and prevent its recurrence.

#7 & 8 Describe any continued harassment.

On or around #10 Date that retaliation occurred (or your best estimate) I was subjected to

retaliation for my sexual harassment complaint when #9 Describe the retaliation.

Under California law, it is unlawful for an employer to retaliate or discriminate against an

employee for reporting sexual harassment. Please tell me what Company Name will do to

comply with the law by stopping the harassment [and retaliation], ensuring the harassment

does not reoccur in the future [if applicable: “and remedying the retaliation”]. #11 Describe

any actions you wish your employer to take.

54

On or around July 10, 2019, I notied my supervisor, Jose D., in person that I was sexually

harassed by Charlie T. and David S.

Jose D. told me that he would make sure that I did not have any shifts with Charlie T. and

David S. He also told me that it was ultimately my responsibility to work it out with Charlie

T. and David S.

Since then, I have attempted to resolve the situation by ling a complaint with Human

Resources on July 19, 2019.

However, Charlie T. continues to harass me such that it is dicult for me to do my job. Under

the law, an employer must take all reasonable steps necessary to promptly correct and remedy

harassment and prevent its recurrence.

Reporting Continued Sexual Harassment and Retaliation

Example Letter 2:

55

sense because he was able to keep our shifts separate for one month without cutting my

shifts. Jose D. also did not cut Charlie T. and David S.’s shifts to make sure that we do not

overlap, only mine.

Under California law, it is unlawful for an employer to retaliate or discriminate against an

employee for reporting sexual harassment. Please tell me what XYZ Store will do to comply with

the law by stopping the harassment and retaliation, ensuring the harassment does not reoccur in

the future, and remedying the retaliation. I would like you to discipline Charlie T. and David S.

and ensure that Jose D. is no longer my supervisor.

I expect to hear from you by the end of the week.

Sincerely,