Understanding Sexual Harassment in the California Workplace: Know Your Rights
Sexual harassment at work is an unfortunate reality for many people, and it’s something no one should have to endure. In California, the laws are designed to protect employees and hold employers accountable when harassment happens. Understanding your rights is tough, even with these protections in place.
Whether you’ve experienced harassment or you’re an employer looking to create a safe environment, this guide is for you. We will walk you through the essentials of sexual harassment laws in California and how to protect yourself.
What Does Sexual Harassment Look Like?
Sexual harassment isn’t always obvious or easy to define. It goes beyond inappropriate touching or physical behavior. In fact, harassment can take many forms, including unwelcome comments, jokes, or gestures that are sexual in nature. In California, there are two primary types of sexual harassment:
- Quid Pro Quo: This type of harassment happens when someone in a position of power, like a boss or supervisor. The boss demands sexual favors in exchange for benefits at work—such as a raise, promotion, or even keeping your job. For example, if your supervisor implies that you’ll only get a promotion if you go on a date with them, that’s quid pro quo harassment.
- Hostile Work Environment: This occurs when ongoing or severe unwelcome behavior makes the workplace feel intimidating, hostile, or offensive. This could be sexual jokes, suggestive comments, inappropriate emails, or even gestures. It doesn’t need to involve physical contact, and it can come from anyone, not just your supervisor.
California’s Strong Protections Against Harassment
California has some of the strictest laws in the country when it comes to protecting employees from sexual harassment. The Fair Employment and Housing Act (FEHA) is the main law that covers these protections. FEHA applies to any employer with five or more employees. Here are a few things to know about how California law works:
- Employers Are Liable for Supervisors’ Actions: If a supervisor harasses you, your employer can be held liable, even if they weren’t aware of the harassment at first. This is one of the ways California ensures that employers take responsibility for the behavior of their managers.
- Harassment by Non-Employees: In California, harassment doesn’t have to come from a co-worker or supervisor to be illegal. If a client, vendor, or contractor is harassing you, your employer is still required to take action if they know about it.
- Mandatory Sexual Harassment Training: Employers with five or more employees are required by law to provide sexual harassment prevention training every two years. Supervisors need two hours of training, and non-supervisory employees get one hour. This training should help employees and managers recognize, prevent, and handle harassment in the workplace.
Steps to Take if You’re Facing Harassment
If you find yourself in a situation where you’re experiencing harassment, it’s important to take action. Here’s what you can do:
- Keep a Record: Start documenting everything. Write down what happened, when it happened, and if there were any witnesses. Save any inappropriate texts, emails, or other communications. This information can be incredibly helpful later on.
- Report the Harassment: Every employer should have a process in place for reporting sexual harassment. Follow the procedure outlined by your company, whether that means speaking to your HR department or filing a report through another official channel. If your supervisor is the one harassing you, report it to someone higher up.
- File a Complaint with the CRD: If your employer doesn’t take your complaint seriously or if the harassment continues, you can file a complaint with the California Civil Rights Department (CRD). They will investigate your claim and, in some cases, may take legal action on your behalf.
- Talk to an Attorney: If the situation isn’t being resolved or you’re unsure about the next steps, it’s a good idea to consult with an employment attorney. They can guide you through the process, explain your legal rights, and help you pursue the appropriate legal remedies.
Employer Responsibilities
Employers in California must take active steps to prevent and address sexual harassment. Not only are they responsible for creating a harassment-free workplace, but they also need to have clear policies and reporting procedures in place. Here’s what they are required to do:
- Have a Written Harassment Policy: Employers must provide a written policy that outlines the types of harassment that are prohibited, how to report harassment, and what steps will be taken to address complaints.
- Investigate Complaints Promptly: When an employee reports harassment, the employer has a duty to investigate quickly and thoroughly. They must take steps to stop the harassment and prevent it from happening again.
- No Retaliation: California law makes it illegal for an employer to retaliate against an employee for reporting harassment. This means that if you report harassment, your employer cannot fire, demote, or otherwise punish you for speaking up.
Final Thoughts
Sexual harassment in the workplace can be damaging, both personally and professionally. But California’s laws are designed to protect employees from such treatment. If you or someone you know is dealing with sexual harassment, it’s important to know your rights and take the necessary steps to address it. And if you’re an employer, creating a safe, respectful environment not only protects your employees but also shields your business from potential legal issues.
If you need help navigating the process or want to better understand your rights, feel free to contact our office. We’re here to guide you and make sure that justice is served.
