Category: Sexual Harassment

Sexual harassment in the California workplace is a form of sexual discrimination which violates California’s Fair Employment and Housing Act and Title VII of the Civil Rights Act of 1964. Sexual harassment includes any unwelcome sexual advances, whether they be physical, visual, or verbal. Sexual harassment also includes actions that create a hostile, intimidating, or offensive work environment because of an employee’s sex. Essentially, sexual harassment is either considered a “quid pro quo” (pressuring an employee to engage in sexual activity for some type of employment benefit) or a “hostile work environment” (harassment so severe or pervasive that it alters the terms of an employee’s work environment).

While there is greater awareness of sexual harassment than in the past, people are still unfortunately subject to it on a daily basis. As a result, California made sexual harassment and abusive conduct prevention training a legal requirement for most employers to help remind people what behavior is considered unacceptable in the workplace. The ultimate goal of this training is to provide education that will result in the reduction and prevention of sexual harassment in the California workplace.

Understanding California Sexual Harassment Prevention Training

Who is required to take Sexual Harassment Training in California?

Sexual harassment prevention training is required for all private California employers with 5 or more employees (and all public agencies regardless of size). When determining the number of employees, this includes all employees in a company, not just those working in the same location, and not just those working in the state of California. While employees outside California count towards the “5 or more employees” requirement, they are not required to take the training. Training is required for both supervisory and nonsupervisory employees. If an individual is an employee that provides the training for their employer, they do not need to attend separate training for their employer to be in compliance.

How Often is Sexual Harassment Training Required in California?

For employers that are required to provide sexual harassment prevention training in California, it must be attended by their employees every two years. Nonsupervisory employees are only required to have one hour of training while supervisory employees are required to have at least two hours of training. The training may be completed in multiple segments or all at once. However, the training may not be required during an employee’s personal time and must be a part of the individual’s employment.

New employees must be trained within 6 months from when they were hired. However, if they received training within the past 2 years from another employer (current or prior), they are not required to retake the training until they would normally be due. As proof that employers have complied with this requirement, they must retain records of all employees’ training for at least 2 years.

What Must be Included in a California Sexual Harassment Prevention Training?

A sexual harassment training in California should include practical guidance on federal and state laws involving sexual harassment. It should provide information on what these laws are designed to prohibit and prevent. The training should also detail how these laws attempt to correct sexual harassment and the remedies that are available to any victims.

It’s also recommended to include an understanding of what is considered sexual harassment with real-life examples of harassment and discrimination based on sexual orientation, gender identity, and gender expression. Finally, the training should provide practical information on how to prevent this type of abusive conduct.

In addition to the training, employers are required to provide their employees with either a fact sheet or a poster regarding sexual harassment. State law requires that it contains the following minimum components:

• The illegality of sexual harassment;
• The definition of sexual harassment under applicable state and federal law;
• A description of sexual harassment, using examples;
• The internal complaint process of the employer available to the employee;
• The legal remedies and complaint process available through the department;
• Directions on how to contact the department;
• The protection against retaliation for opposing any prohibited act of sexual harassment, filing a complaint, or participating in an investigation, proceeding, or hearing by the DFEH; and
• A link or website address for the sexual harassment online training courses developed to comply with California state law.

Who Can Give Sexual Harassment Training in California?

This training must be provided by a qualified trainer. This includes the following:

• Attorneys – must be admitted to practice in any jurisdiction in the United States for at least 2 years and have employment law experience related to Title VII of the Civil Rights Act of 1964 or the FEHA.
• Professors or Instructors – must have either a postgraduate degree or a California teaching credential and either 2 years’ experience teaching employment law under FEHA or Title VII or 20 hours of instruction.
• HR Professionals and Harassment Prevention Consultants – must have a minimum of 2 years of practical and relevant experience.

Training can be provided online, live, or in any other effective format. This includes traditional classroom training, E-learning, and webinars. The training must have questions that assess the trainees learning as well as a way in which the attendees can obtain answers to their questions within two business days of the training.

While there are plenty of resources, online sexual harassment training is provided by the Department of Fair Employment and Housing through California’s Civil Rights Department.

Do Contractors or other non-traditional employees have to take Sexual Harassment Training in California?

No, independent contractors are not required to take this training. Volunteers and unpaid interns are also not required to take this training. However, part-time, temporary, and seasonal employees are required to take the training. For short-term employees, they must be trained within 30 calendar days (or 100 hours of work) from when they began working, whichever occurs first.

What is California Senate Bill 1343?

On January 1, 2019, California Senate Bill 1343 amended the California Fair Employment and Housing Act (FEHA) to require mandatory sexual harassment prevention training for a larger group of employers and employees than the previous bill. The previous bill only required employers to provide the training if they had 50 or more employees, while this bill reduced the requirement to only 5 employees. Also, the previous bill only required this training for supervisors while this bill has expanded the training to nonsupervisory employees as well.

Conclusion

California has taken proactive steps to help identify and prevent sexual harassment. Mandatory sexual harassment training in California is a great way to help employers and their employees in the state identify and prevent sexual abuse in the workplace.

That being said, providing this training, does not absolve employers from liability for any potential sexual harassment claims. Employees every day have to deal with unlawful sexual harassment in the workplace. If you believe you have become a victim of sexual harassment, as with most employment law issues, it is highly recommended that you seek the opinion of an experienced California employment lawyer. They will be able to assist in evaluating your claim and determining your best course of action.

Sexual misconduct is not acceptable in any scenario, including the workplace. Depending on the type of misconduct it may be either inadvertent or deliberate and malicious. Regardless of the motive, sexual misconduct in its many forms is illegal and can have a devastating impact on its victims. Those that think that something like this will never happen to them should be aware that sexual misconduct can happen regardless of gender, age, sexual orientation, or cultural background.

As an employee, you have a right to be protected from all forms of sexual misconduct in the workplace. That being said, it is important to understand the difference between sexual assault, sexual harassment, and sexual abuse.

Sexual Harassment

Sexual harassment can cover a broad range of situations. In California, any type of unwelcome sexual advances may be considered sexual harassment. This includes not only physical actions (unwanted touching), but also visual (sexually explicit gestures or images) and verbal actions (lewd comments or jokes) that are sexual in nature. Sexual harassment also includes actions that create a hostile, intimidating, or offensive work environment because of an employee’s sex.

Sexual harassment in the California workplace is typically seen in two different ways. The first is called “quid pro quo” where the perpetrator is usually in a position of power over the victim. “Quid pro quo” sexual harassment typically involves a superior pressuring an employee to engage in sexual activity for some type of employment benefit (e.g., pay raise, promotion, etc.). The second main category of sexual harassment is classified as a hostile work environment. This consists of any type of harassment that is either so severe or pervasive that it alters the entirety of an employee’s work environment.

Examples of Sexual Harassment

Sexual harassment can occur in many situations, but it is most often seen in the workplace or other types of professional settings. While sexual harassment may come in several forms, here are some examples of it:

1. Asking personal questions about an individual’s sex life.
2. Sending unsolicited texts or emails that are sexually explicit.
3. Requesting or making suggestions for sexual favors.
4. Touching someone without their consent in a sexual manner.
5. Lewd or offensive comments about an individual’s sex life or body.

Proving Sexual Harassment

To prove sexual harassment one must demonstrate the following:

(1) the conduct was unwelcome;

(2) the conduct was severe (serious conduct such as sexual assault that can occur in an isolated incident) or pervasive (occurred over an extended period of time or was evident throughout a company);

(3) the conduct was objectively offensive (a reasonable person in your situation would find the conduct offensive) and subjectively offensive (the victim personally found the behavior offensive);

(4) the conduct resulted in actual damages which can be either economic (e.g., lost wages for missing work) or noneconomic (e.g., emotional or physical distress).

Sexual Assault (vs. Sexual Harassment)

Sexual assault is much more specific than sexual harassment. Sexual assault requires actual contact, that is sexual in nature, and occurs without the consent of the other person. There is a wide range of actions that may be considered sexual assault and can be anything from unwanted touching to rape.

Examples of Sexual Assault

1. Forcing someone against their will to perform sexual acts.
2. Rape or attempted rape.
3. Sodomy or attempted sodomy.
4. Unwanted touching or fondling of another individual’s genitals or other body parts.

Sexual Abuse (vs. Sexual Harassment and Abuse)

Distinct from both harassment and assault is sexual abuse. While often seen with crimes against minors, sexual abuse is any type of sexual act that involves the use of manipulation, coercion, or force. Sexual abuse is most often seen in situations where the victims know each other and there is a level of trust. As a result, sexual abuse usually occurs when the perpetrator and victim have a close personal or familial relationship such as a partner, friend, or family member.

Examples of Sexual Abuse

1. Coercing someone to send sexually explicit videos or photos.
2. Threatening to release sexual photos or videos of someone without their consent.
3. Sexually assaulting someone when they are unable to consent (e.g., intoxicated or asleep).
4. Coercing someone to perform sexual acts they do not want to do.

Evidence for Proving Any Type of Sexual Misconduct

Whether it is sexual harassment, sexual assault, or sexual abuse, here are some of the common ways for providing proof:

1. Physical Evidence. This can include visible items such as torn clothing or scientific proof with the use of DNA.
2. Electronic Evidence. Any communication (e.g., text messages, emails, etc.) between the victim and the perpetrator that either directly or indirectly confirms that the illegal conduct occurred.
3. Medical Records. For instance, if the victim received medical attention for sexual assault, medical records from that visit may be used as evidence.
4. This can include testimony from both the victim and any eyewitnesses to the sexual misconduct.
5. Audio or Video Recordings. There are a lot of possibilities for using this kind of evidence. For instance, the victim may have recorded a conversation with the perpetrator. Or there may be a video recording of the incident by a witness with a cell phone or security camera footage.

If you are the victim of any type of sexual misconduct in the workplace or are simply looking to understand the difference between sexual assault and sexual harassment, an experienced California employment lawyer can help assist you with what you need to do next. They can help with the following:

1. Investigation. An attorney can conduct an investigation to help determine what type of sexual misconduct occurred and to gather evidence to support your claim.
2. Police Report/Restraining Order. An attorney can also help you take the initial steps to either file a police report or restraining order. This is essential for ensuring that the investigation is conducted properly and for keeping the perpetrator from making any contact with you.
3. Handling the Claim. An attorney can help determine the best course of action and either negotiate an appropriate settlement or, if necessary, take your case to trial.

Conclusion

While there are differences between sexual harassment and sexual assault including sexual abuse, they can all have a devasting impact. None of this illegal behavior should be tolerated and should be reported immediately, whether you are the victim or an eyewitness.

However, it’s not always clear what type of sexual misconduct has occurred. Or it may be that you are not sure if what happened was illegal at all. If you believe that you may have been the victim of sexual misconduct at the workplace, it is highly recommended that you seek the opinion of an experienced attorney. They will be able to assist in evaluating and handling all aspects of your claim.

In case you’re wondering what’s your case and if you’re dealing with sexual harassment vs sexual assault or something else, don’t hesitate to book a free consultation with a JLG lawyer. Don’t hesitate to contact us directly at 818-630-7280.

Verbal sexual harassment in the California workplace may be considered an abuse of employees and employers may be sued for it. As an employee, you have a right to be protected from certain types of verbal harassment in the workplace. However, it may be difficult to know if a situation you faced would be considered verbal harassment or not. Further, even if it is verbal harassment, it does not automatically mean an employee can take legal action.

It’s important to understand what is considered verbal harassment in general and when you can take legal action. We will then talk about more specifically if you can be sexually harassed verbally. For professional advice, please seek an experienced California employment law attorney.

What is Considered Verbal Harassment?

While there is no bright line rule, verbal harassment can include any of the following: (1) threats, (2) yelling, (3) cursing, (4) slurs, (5) offensive jokes, (6) insults, (7) name-calling, (8) innuendos, (9) derogatory comments, and (10) mocking. In California, verbal harassment is only illegal if it is tied to an unlawful reason. The employee must be the target of this harassment due to some protected characteristic. This means that harassment, by itself, may not be considered a crime. That being said, there are many ways in which verbal harassment can be illegal.

In dealing with any type of action against an employee, including verbal harassment, a determining factor for whether the action qualifies as harassment is whether it has created a hostile work environment. This can occur if the action is frequent, severe, or both. In addition, for the action to be considered harassment, it must be both objectively and subjectively hostile or abusive.

When it comes to verbal harassment in California, as with other violations at the workplace, the law that provides the greatest protection to the employee is the law that will apply. The following laws may apply when there is an incident of verbal harassment in the California workplace:

Title VII of the Civil Rights Act of 1964 – this federal law prohibits discrimination on the basis of race, color, religion, sex, or national origin. Under Title VII, certain forms of verbal harassment may be considered discrimination depending on the basis for the harassment.

The Fair Employment and Housing Act (FEHA) – this California law protects employees against several types of discrimination and harassment. This law even extends to others such as independent contractors, job applicants, and unpaid interns. Unlike Title VII, FEHA applies their anti-harassment provisions to all private, state, and local employers, regardless of the number of employees.

The Age Discrimination in Employment Act of 1967 – this federal law prohibits employment discrimination (including harassment) against anyone at least 40 years of age.

The Americans with Disabilities Act – this federal law protects employees with physical and mental disabilities from discrimination and harassment based on their disability.

The California State Constitution – similar to Title VII, California’s state constitution prohibits discrimination (including harassment) against employees on the basis of sex, race, creed, color, nationality, or ethnic origin.

While any of these laws may be applicable to a situation involving verbal harassment, the laws that provide the strongest protections for employees are the FEHA and Title VII of the Civil Rights Act of 1964.

What is Verbal Sexual Harassment?

Verbal sexual harassment is often seen in “quid pro quo” (Latin for “this for that”) scenarios. Typically, a sexual favor is requested or demanded in exchange for a specific job benefit, or simply just to keep one’s job. For instance, verbal sexual harassment occurs when an employer indicates they will give their employee a promotion or raise if they perform a sexual favor for them. Verbal sexual harassment of this kind may also be either express or implied.

Verbal sexual harassment also occurs when a favor is not being asked, but rather, the language used is so offensive as to constitute harassment. To be considered verbal sexual harassment these comments need to result in a hostile work environment due to the severity and/or pervasiveness of the comments.

Examples of Verbal Sexual Harassment

Examples of verbal sexual harassment can include (1) unwanted sexual advances, (2) comments on an employee’s body, (3) requests or threats for sexual favors, (4) inappropriate discussions of graphic sexual acts; (5) jokes, insults, or slurs that are sexual in nature; or (6) crude or vulgar sexual comments.

Examples of what is not Considered Verbal Sexual Harassment

It’s important to note that some verbal comments may be upsetting, embarrassing, and make you feel uncomfortable, yet not be considered verbal sexual harassment. While context is important, examples that are likely to not be considered verbal sexual harassment include (1) compliments on an outfit, (2) invitation to go out for dinner or coffee, or (3) other types of friendly non-sexual compliments.

That being said, if the innocent compliment or request is repeated it may rise to the level of verbal sexual harassment. For instance, one offer to a co-worker to go out on a date would not be considered sexual harassment. However, repeated requests after the co-worker informed them they were not interested may rise to the level of sexual harassment. The same may be true of compliments if an employee indicates that the comments make them feel uncomfortable and they continue.

What Could Be Non-Verbal Sexual Harassment?

In contrast with verbal sexual harassment, non-verbal sexual harassment is usually easier to determine. For instance, unwanted physical touching is clearly a form of sexual harassment. That doesn’t mean that every instance in which an employee is touched is sexual harassment. A friendly touch on the arm or back is likely not to rise to the level of sexual harassment even if an employee believes it was sexual in nature. That being said, if you request the touching to stop, and it continues, an employer’s touching may be considered a form of sexual harassment. Even then, a court may not consider the touching sexual harassment, even if the touching is inappropriate or offensive. Other factors will be considered, such as the severity and frequency of the touches.

Conclusion

The area of verbal harassment can be very subjective and it’s not always clear if one has become the victim of verbal harassment. Or it may be that you have suffered verbal harassment, but you are not sure if you can take any legal action. As with most employment law issues, it is highly recommended that you seek the opinion of an experienced California labor and employment law attorney. They will be able to assist in evaluating your claim and determining your best course of action.

Sexual harassment in the California workplace is a form of sexual discrimination which violates California’s Fair Employment and Housing Act and Title VII of the Civil Rights Act of 1964.

As an employee, you have a right to be protected from sexual harassment in the workplace. However, if you are a victim of sexual harassment, you may not know exactly what steps to take. For victims of sexual harassment in California, it is important to know how to report workplace sexual harassment and how to file a claim.  Understanding this process is essential to stopping illegal behavior, preventing further harassment, and ensuring you are compensated for any damages you suffered.

How to Report Sexual Harassment in California?

Step 1 – Review your Company’s Sexual Harassment Policy

Employers are required to provide employees with basic information about sexual harassment as well as a policy that includes how they will handle this type of harassment.

Even before an incident occurs, it is important to know your company’s sexual harassment policy. If its not readily apparent whether there is a policy, you should reach out to your company’s human resources department. The sexual harassment policy may inform you how the company handles these types of incidents and how they should be reported.

Step 2 – Write a Detailed Record of the Event

As soon as an incident of sexual harassment has occurred you should put as much of the detail about the incident in writing, including the date, time, and people involved. Not only will this help when you notify your employer, but it may also be used to file a claim or a police report for sexual harassment.

Step 3 – Inform Your Employer about the Harassment in Writing

As soon as an incident of sexual harassment has occurred and you have documented it, you should inform your employer in writing. When reporting the incident, provide as much detail as possible. Make sure you keep a copy of this notification with a notation of the means used to deliver the notification and any other relevant information.

Step 4 – File a Complaint

After informing your employer you can file a claim with the California Department of Fair Employment and Housing (DFEH) online, by mail, or by phone. The DFEH in California is tasked with protecting employees from unlawful discrimination. Any claim filed with DFEH will also be cross-filed with the Federal Equal Employment Opportunity Commission (EEOC) which is tasked with enforcing federal anti-discrimination laws. If a California employee instead files a claim with EEOC, it will also be automatically filed with California’s DFEH.

An employee has three years from the date of the last incident of sexual harassment to file a claim with DFEH.

Step 5 – Mediation or Lawsuit

After a claim has been submitted, it will be evaluated, and a determination will be made as to whether it will be accepted for investigation. If an investigation proceeds the alleged offender will provide a response and either DFEH or EEOC will go over that response with you. Finally, if it has been determined that there is a violation of either California or federal law, the case will move to either mediation or a lawsuit.

FAQ

Here are answers to some of the most common questions California employees have asked when it comes to sexual harassment in the workplace.

What is legally considered sexual harassment in California?

In California, any type of unwelcome sexual advances may be considered sexual harassment. This includes not only physical actions but visual and verbal actions that have a sexual nature. Sexual harassment also includes actions that create a hostile, intimidating, or offensive work environment because of an employee’s sex.

Sexual harassment in California is typically classified as either “quid pro quo” (pressuring an employee to engage in sexual activity for some type of employment benefit) or “hostile work environment” (harassment so severe or pervasive that it alters the terms of an employee’s work environment).

Who do you report sexual harassment to in California?

Employers have a duty to take reasonable steps to prevent and promptly correct harassing conduct. As a result, sexual harassment claims should be reported to one’s employer. In fact, an individual may not be able to pursue certain legal remedies if they do not notify their employer.

Depending on the severity of the sexual harassment, it may also be reported to law enforcement.

What happens when you file a police report for harassment?

When a police report is filed, the police will investigate based on the information you provided them. This may include a review of any evidence you provided, conducting interviews with eyewitnesses, and reaching out to the offender. If the police determine that there was a violation of a criminal statute charges may be pressed against the offender.

How do I prove sexual harassment in California?

To prove sexual harassment one must demonstrate the following: (1) the conduct was unwelcome; (2) the conduct was severe (serious conduct such as sexual assault that can occur in an isolated incident) or pervasive (occurred over an extended period of time or was evident throughout a company); (3) the conduct was objectively offensive (a reasonable person in your situation would find the conduct offensive) and subjectively offensive (the victim personally found the behavior offensive); and (4) the conduct resulted in actual damages which can be either economic (e.g., lost wages for missing work) or noneconomic (e.g., emotional or physical distress).

What if I am a victim of sexual assault?

You should immediately report the incident to local police and see a healthcare provider as soon as possible to receive a health exam and any necessary care. Seek out support from friends, family, and your community. If you do not know who to reach out to you can call a crisis hotline at 800-656-HOPE (4673).

Conclusion & Next Steps

It’s not always clear what to do when sexual harassment occurs in the workplace. Or it may be that you are not sure if what happened was actually sexual harassment. As with most employment law issues, it is highly recommended that you seek the opinion of an experienced California labor and employment law attorney. They will be able to assist in evaluating your claim and determining your best course of action.

 

 

If you have experienced sexual harassment at work, you are not alone. Let’s explore what you need to know about workplace harassment in California.

What Is Sexual Harassment in the Workplace?

Sexual harassment can take the form of verbal or physical actions like those outlined below:

• remarks or jokes that are sexually explicit, even those sent over email or text message.
• without the subject’s agreement, touching, grabbing, or other physical contact that is indicative of sexual activity.
• infringing on an employee’s personal space or impeding their movement physically.
• leering inappropriately or sexually at a coworker or their physique.
• sexually improper advances
• the encouragement of relationships, sexual or otherwise, or both.
• sexually explicit or objectionable content being distributed, displayed, or posted at work.
• being exposed to, receiving, or seeing pornography at work.

What is Sexual Harassment in California?

Employees in California should become familiar with the laws governing sexual harassment at work. One of the many beneficial reasons to do this is to break with the trend whenever it appears. Keep notice if any of the following signs occurred to you while you were at work:

• racial slurs, insults, epithets, or jokes passed on
• unwelcome touches, such as “accidental” brushes on your breast or other bodily parts; butt pats; pinching; and back rubs
• unwanted sexual advances
• sexually explicit conversations
• requests for sexual favors in exchange for employment or other benefits
• threats to reduce your hours, benefits, pay, or other employment conditions if you decline a sexual request
• termination of employment, loss of benefits, or other unfavorable outcomes following a complaint of harassment
• someone showing you or “giving” you sexually explicit cartoons, posters, or messages;
• obscene or sexually suggestive messages or invitations
• graphic remarks or sexually derogatory language;
• or someone stopping you from moving by blocking your way

In California, all of these behaviors may be regarded as sexual harassment.

Sexual harassment is prohibited on federal property, according to Title VII of the Civil Rights Act of 1964.

The California Fair Employment and Housing Act, or FEHA, is the primary sexual assault law California that forbids sexual harassment.

Both the FEHA and Title VII define sexual harassment as employment-based discrimination.

Federal and state legislation both recognize the broad categories of sexual harassment known as “quid pro quo” and “hostile work environment.”

Quid Pro Quo in Sexual Harassment:

“This for that” or “something for something” are the translations of the Latin phrase “quid pro quo.” The phrase conveys the idea of an exchange. Quid pro quo harassment therefore occurs when someone requests your assent to sexual advances or other sexual behavior before employing you, keeping you on the job, giving you a promotion, or giving you other benefits.

Quid pro quo harassment can be committed using a threat or an offer. Because it is deemed severe enough, even one incidence of this form of sexual harassment might result in culpability.

Sexual Assault in a Combative Workplace When the infringing actions are so pervasive or severe that they change your employment circumstances, unduly obstruct your job, or produce an intimidating, hostile, or offensive work environment, this is referred to as a “hostile work environment.”

Hostile work environment:

The effects of a “hostile work environment” might hurt you even if the behavior is not directed at you. One harassing incident could be bad enough to warrant its own criminal prosecution. Similar to the above, less insulting, intimidating, or hostile behavior may become unlawful even if it only occurs in a single instance.

The legal standard for determining whether something constitutes sexual harassment in a “hostile work environment” has both objective and subjective components.

A reasonable person in the victim’s position would need to find the conduct offensive, aggressive, or abusive in order for it to be judged objectively.

Additionally, the behavior must have caused the victim some sort of mental suffering. Here’s where it gets subjective.

It must be shown that the harassment interfered with the person’s capacity to perform their job tasks objectively, disrupted their mental health, or had some other negative effect on their personal well-being.

The court considers the following three things when evaluating whether the behavior was sexual harassment:

• The severity of the actions,
• The frequency of the behavior, and
• The surrounding circumstances and context.

Typically, the query is highly fact-specific in the end. Federal and state laws both recognize sexual harassment in “hostile work environments,” but how they are applied might vary significantly.

For instance, California state law applies to all private, public, and local enterprises. However, the Title VII of the Civil Rights Act of 1964 only applies to companies with fifteen or more employees. Because it is more favorable to and protective of employees, the Fair Employment and Housing Act of California is usually viewed as the more effective of the two legislative tactics to prevent sexual and workplace harassment in California.

California Fair Employment and Housing Act

The Fair Employment and Housing Act (FEHA) of California prohibits harassing employees:

“based on race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.” Section 12940.

(As you can see, that list covers a lot more than simply sex-based harassment; as a result, this law may also protect you if you experience other types of workplace harassment or discrimination.)

The California Department of Fair Employment and Housing, sometimes known as DFEH, is a state organization that conducts investigations and brings legal cases involving sexual harassment and other types of discrimination.

The procedural regulations of the DFEH, which can be found in Title 2 of the California Code of Regulations, provide additional guidelines regarding employers’ responsibilities to maintain a workplace free of California sexual harassment.

According to these standards, employers have “an affirmative duty to take reasonable steps to prevent and immediately address discriminatory and harassing conduct.” Section 11023.

Simply put, employers must establish a work environment free of sexual harassment as defined by California law and FEHA-prohibited employment practices.

Employers are expected to provide employees with fundamental information regarding sexual harassment (which can be readily accomplished by giving employees a copy of DFEH’s Brochure 185), as well as a policy that addresses harassment, discrimination, and retaliation prevention.

The policy must:

• Be written down.
• Make a list of every group of people who are currently protected by the law. A group of people who are protected from discrimination due to a shared characteristic is known as a “protected class.”
• Mention that the law forbids coworkers, managers, and other third parties from engaging in sexual harassment in California.
• Describe a procedure by which the employer:
• Respond to the complainant promptly while maintaining as much confidentiality as possible.
• Ensure that the complaint is investigated by qualified personnel.
• Document the investigation and track the complaint’s progress and outcome.
• Take the necessary corrective steps and ensure timely closure.
• Provide employees with the option to report incidents to someone other than their supervisor. This can be done by calling a complaint hotline, writing to an ombudsperson, or writing to the DFEH or the EEOC directly.
• Direct supervisors to notify a designated representative, such as a human resources consultant, of any complaints of harassment.
• Declare that the employer will carry out an impartial, prompt, and comprehensive investigation that affords all parties the necessary due process.
• Declare that the collected evidence will enable the investigation to draw reasonable conclusions.
• Explain that the investigation may not be completely confidential, but that confidentiality will be maintained to the greatest extent possible.
• Declare that appropriate repercussions will be taken if the investigation reveals misconduct.
• Make it abundantly clear that employees will not face retaliation for participating in a workplace investigation or filing a complaint.

The policy must also be distributed to all employees by employers.

Employers whose workforce comprises at least 10% non-English speakers at any location shall additionally provide a translation of the policy in the appropriate language.

A further set of requirements must also be met by employers employing fifty or more workers.

These companies must give all supervisory staff training on California’s sexual harassment statutes within the first six months of taking on those responsibilities.

At least once every two years, supervisors must retake the course.

Who is accountable for sexual harassment in the workplace California?

Under California law, the employer is strictly accountable when a manager or supervisor sexually harasses a subordinate. This means that if a manager or supervisor sexually harasses a subordinate, the company is responsible. However, an employer can only be held accountable for workplace harassment if they knew about the harassment (or learned about it) and did nothing to stop it. The employees who harassed the other workers in both cases, however, are personally accountable for their behavior. Employers may also be held accountable for harassment committed by customers or clients if they knew about the harassment (or should have known about it) and did not act appropriately to prevent an employee from continued harassment.

What is Legally Considered Harassment in California?

Workplace harassment in California can take many forms, including the following:

• Negative remarks or jokes that are sexual in nature
• Unwanted physical contact such as touching, patting, or blocking movement
• Unwanted sexual propositions
• Openly discussing sex or sexual acts in the workplace
• Threats against an employee if they do not accept a sexual request
• Rude gestures, conduct, or behavior toward an employee or colleague
• Leering at a coworker
• The giving or displaying of sexual items in the workplace
• Messages, comments, or invitations of any kind that are sexual
• Any actions or behaviors that a reasonable person could judge sexual and inappropriate.

Is it Hard to Prove Sexual Harassment in California?

Sadly, sexual harassment has a negative impact on the lives of thousands of people every year across the United States. Individuals who are subjected to sexual harassment in the workplace have the right to file a lawsuit against the party who is at fault for their treatment. However, navigating a claim of sexual harassment is more difficult than many people might think. In California, as in any other state, it can be difficult to prove sexual harassment because it frequently involves subjective experiences and interpretations. However, it is possible to demonstrate sexual harassment in California with the appropriate evidence and legal support.

Making a Case for Quid Pro Quo Sexual Harassment

An employee must be able to show the following if they claim their employer or supervisor has participated in unlawful quid pro quo sexual harassment:

• The victim of harassment must show that the harasser made unwanted sexual advances or engaged in other improper sexual behavior.
• The employee must show that doing the desired sexual acts was required in order to earn job-related advantages or that refusing to do so would have a detrimental effect on the job.
• The employee also has to show that the employer was at fault for the harasser. It’s possible that the harasser was a supervisor, for example, or that the employer failed to implement its anti-sexual harassment policy.

Your sexual harassment lawyer in California can help you in determining the type of proof you might need to amass to support your allegation of sexual harassment in exchange for something else. This could include witness testimony or internal communications made through channels used at work, such as email and text messaging applications.

How to prove Sexual Harassment in a Hostile Workplace?

With a few exceptions, the burden of proof for a claim of sexual harassment in a hostile work environment is identical to that for a quid pro quo:

The employee must provide evidence that they were the victim of unwanted sexual harassment.

The employee must show that the harassment was severe or pervasive enough to change the working environment (i.e., to create a hostile or abusive work environment).

The employee must show that the employer knew about the harassment or ought to have known about it but did nothing to put an end to it. Alternatively, the employer will be held responsible if the harasser is a supervisor or holds a significant position within the company.

When examining a claim for a hostile work environment, the court considers the factual evidence pertaining to the claimant’s experiences and examines whether the employee’s harassment would be regarded as offensive to a reasonable person.

A few instances of sexual harassment remedies include punitive damages, monetary compensation for emotional, mental, and psychic distress, physical harm, past and future medical expenditures, lost wages, and attorney’s fees.

Are You Suffering from Sexual Harassment at Work in California? What Can You Do if Facing California Workplace Harassment

According to the California Department of Fair Employment and Housing, victims have a year from the date of the incident to report sexual harassment and file a claim. You must obtain legal advice from a California SH attorney if you have been the victim of workplace harassment. The timing and nature of your response may have an impact on your ability to obtain damages.

Steps to Take If You’re Experiencing Workplace Harassment in California?

 

DO: THINK ABOUT YOUR RIGHTS

Your employer is required to take timely and appropriate disciplinary action in the case of an incident and to prevent sexual harassment in the workplace.

DO: CONFIRM THE CALIFORNIA SEXUAL HARASSMENT POLICY OF YOUR EMPLOYER

The California Code of Regulations (2 CCR 11023) mandates that employers have a sexual harassment policy and ensure that all employees are aware of it. The policy must, as indicated before, specify the process by which employees can file complaints of harassment.

DO: REPORT THE INCIDENTS

If a sexual harassment incidence occurs, you should report it as soon as possible in accordance with your employer’s policy. Record the event in writing or make a written record of your response as a result.

If you send your complaint by email, ask for a “delivery” and “read” receipt. Keep a copy of your initial complaint and any correspondence you get in the future about it.

In California, you must be as detailed as you can in your complaint regarding sexual harassment. Names of anyone who saw the occurrence should be mentioned. In the event that there were no witnesses, did you inform anyone else what happened? Who and when were they informed? Having a witness or other piece of proof to support your allegation is very beneficial to the investigators looking into it.

If bringing the issue up with your employer doesn’t help address it:

Consider seeking legal advice from our employment lawyers in our Los Angeles or San Francisco offices who can assist you in comprehending how the particulars of your case would be governed by federal and state law. Additionally, an employment law attorney can assist you in comprehending your options, filing a sexual harassment complaint in California, determining what information is relevant and irrelevant, and determining whether or not it makes sense to file a lawsuit.

What Not to Do If You’re Sexually Harassed?

There are certain actions you should not take if you are a victim of sexual harassment in California. Some of the things you shouldn’t do are as follows:

Don’t throw away or destroy evidence of the bullying:

If you receive an offensive email, text, or message, your first instinct may be to delete it. However, you should resist that urge. Your claim is supported by offensive words, images, and texts, which will be crucial in any subsequent investigation or lawsuit. As a result, you ought to keep this kind of evidence, make notes about what took place, and store them in a safe place.

Don’t put off taking action for too long:

You are required to submit a complaint to DFEH under California law within one year of the most recent act of harassment or retaliation. The amount of time you can wait to file a complaint with the EEOC is also limited. As a result, if you find that you are being harassed on a regular basis, you should act right away.

Don’t Think Retaliation is Allowed:

If you complain about California sexual harassment and your employer retaliates against you for complaining, your employer’s behavior only becomes more egregious under the law.

Do Not Accept the Following as Excuses for Inaction:

“Since he or she stated to me that they are not even attracted to you, that behavior cannot be considered sexual harassment,” Gender-based harassment, as well as harassment based on pregnancy, childbirth, or other related medical conditions, are all examples of sexual harassment.

“We can’t do anything about it because the person you are complaining about is not one of our employees.” Employers are legally obligated to prevent sexual harassment in the workplace.

“We can’t do anything because you’re just a temporary worker, intern, or contractor.” For the purposes of the sexual harassment laws in California, “employee” includes unpaid interns, volunteers, and contract service providers.

It was not directed at you but rather at your coworker. If she hasn’t voiced her displeasure, then why bother you? You can file a complaint of sexual harassment in California even if you are not the one being harassed.

Do Not Assume You are the Only Victim of the Perpetrator’s Behavior:

The conduct must be severe and/or widespread for it to be considered harassment. Someone else might find the mannerisms you think are only mildly impolite to be extremely offensive. It’s possible that the person’s actions have a much more negative effect on other people. As a result, if you feel violated or uncomfortable, you should report the behavior.

You are not alone! Reach out to us today

Make an appointment for a case review with one of the best employment law firms in California if you have any questions about your situation.

You can get in touch with us for more questions at 818-630-7280 or email us at: info@jlglawyers.com

Sexual Harassment in California: Actions You Can Take

Have you been sexually harassed at your workplace? Sexual harassment occurs more often than you’d expect. And it’s extremely serious, impacting productivity and causing a multitude of negative emotions such as gloominess, distrust, shame, and anger. As you’d learn in this piece, sexual harassment can occur in several ways. Whichever one it may be, the gospel truth remains that you are entitled to certain protections under relevant laws in California and by extension, the United States.

Once reported, there are important steps that can be taken both by the employer or the government (as the case may be) to deal with, or at best, prevent future sexual harassment.

What is Sexual Harassment?

As you’re probably aware, with the last few posts we’ve been reviewing several forms of workplace discrimination against which, as an employee, you can enjoy certain protections. Now, one of the most notable forms of workplace discrimination is sexual harassment.

Generally, sexual harassment has to do with certain behaviors from continued trespass to occurrences of sexual abuse or sexual assault. More than often, it involves a scenario where the harasser lauds their authority over the target of their harassment. At times, it might mean trying to incentivize or reward sexual favors.

Sexual harassment may also be spotted when the victim yields to the threat and afterward report it. Here is the kicker: so long as the victim can adjudge the actions as unwelcome behavior, sexual harassment may eventually be established.

However, we must be quick to point out the fact that not all unwelcome behaviors qualify as sexual harassment in the state of California. Attitudes like teasing, inappropriate comments, offhand remarks, and related cases may not qualify as sexual harassment unless they are severe or continued enough. At worst, they are categorized as contributing to a hostile work environment which the laws in California regard as discriminatory too.

Some specific examples of sexual harassment are:

– Putting up sexual advances that are unethical or unwelcome.

– Demanding sexual favors in exchange for better or sustained job security

– Making targeted comments about a person’s sexual identity or sex life.

Time, Location, and Persons relevant to any Sexual Harassment Scenario

Bear in mind though, that sexual harassment can’t be given a straight-jacketed definition. The question of who, when, or where may always be a door opener to understanding your situation better.

As for ‘who?’ – sexual harassment may come from just anyone in the workplace – a boss, a senior or junior colleague, a supervisor, a consultant. Where? You may experience sexual harassment in any work-related environment – the office, the conference center, a travel event, and a lot more. And lastly, you may also affirm you are being harassed sexually at any time during, before, or after business hours. With advances in tech today, you may also spot situations of sexual harassment when working from home.

Important Steps to take when sexually harassed?

Here are some important actions to take when you notice sexual harassment taking place.

1. Talk back – by doing so, you’d be letting your harasser know that their actions can’t be tolerated and is in no way acceptable to you. Hopefully, with just that, the harassment may cease.
2. Keep records of occurrences – try and keep every detail about every occasion when you feel you are sexually harassed. These may have to do with the time, location, persons, and specific advances or words. And when storing this information make sure they are stored in a personal storage device like your phone, journal, or PC and not office tools. Doing that would help you have access to real-time evidence that may be of help to your matter in the event you had to file a suit or a complaint.
3. Know your rights – at the time you started at your workplace, you most likely agreed to certain employment policies with your employer. These Policies, at most times, include anti-sexual harassment statements under which you can formally lodge your complaints. Moreover, under the California Department for Fair Employment and Housing (DFEH), you can also review your legal rights as it is a state legislation that outlaws workplace sexual harassment. On the federal level, there are also legal rights you can as well press for under the S. Equal Employment Opportunity Commission (EEOC)
4. Speak to an Employment Attorney – While other documents provide you with bare, generalist information, getting in touch with an employment attorney can offer you insight into your situation.
5. Talk to your employer – The moment you are done with assessing the Policies, you may decide to inform your employer that certain harassment is taking place and that you are looking to make a formal complaint or commence a legal investigation.
6. File a Complaint – Probably, you have gone to multiple mediums to lodge a formal complaint. You can do so via your employer, the DFEH, or the DFEH or EEOC. Whichever you may choose, always make sure you understand the procedures involved. Do well to understand what information is needed and what the likely outcomes may be. Oftentimes, the processes of investigation can go for as long as a year.

What can employers do to prevent incidences of sexual harassment?

Although it may not be possible to totally prevent sexual abuse or harassment from taking place, employers are obligated by the law the moment it comes to averting or dealing with sexual harassment in the work environment.

To avoid certain occasions of harassment from taking place, taking precautionary actions are part of the best actions. Here are a few of them that employers can take:

– Make the disallowance of sexual harassment as part of the anti-discriminatory employment policies of the workplace

– Open Declarations against sexual harassment in the workplace

– Creating and easing access to the process that depicts the approaches the employer takes following the receipt of a sexual harassment complaint.

– Offering supplementary resources for workers that they can assess too such as federal and state legislations as well as support systems.

– Enlightening workers constantly about what can be taken as sexual harassment.

– Reacting promptly to formal complaints lodged.

Here at JLG Lawyers we have helped many people confront sexual harassment and other types of discrimination. With a vast experience in employment law practice and harassment protection, we make it a top priority to help you explore the process of getting to know if and how to get your harasser prosecuted. You can reach out to us today for a Free Strategy Session to discuss your situation.