California continues to combat workplace sexual harassment by introducing laws that require awareness of what sexual harassment is and what these unlawful actions consist of. After filing a complaint, you may obtain the right to sue someone who harasses you, as well as an employer, in some instances. Knowing the most current laws addressing sexual harassment in California can help you fight unlawful workplace practices.
How California Defines Workplace Sexual Harassment
Sexual harassment stems from discrimination as a result of sex or gender. The harassment may impact anyone regardless of sex, according to the California Civil Rights Department (CRD). An individual does not need to base their actions on sexual desire for a behavior to be a form of sexual harassment.
Quid pro quo, a form of sexual harassment, occurs when someone in a position of authority offers you a work benefit in exchange for tolerating conduct that is sexual in nature.
You also experience sexual harassment, known as a hostile work environment, when sexual comments or conduct at your work creates a hostile, intimidating, or offensive environment. These behaviors must be significant and prevalent, affecting your ability to work, whether aimed at you, someone else, or a class of people.
California Signs the Cover-Up Accountability Act
Sexual harassment may include acts of sexual assault. Adults experiencing this form of sexual harassment have an extended time period to file lawsuits against the individual harming them and a private employer who covers up a perpetrator’s actions. AB 250 provides individuals with an extended two-year window to pursue previously barred legal action.
Training on Sexual Harassment Is Mandatory
All employers with 5 or more employees must provide effective, interactive sexual harassment prevention training to all their California-based employees within the timelines established under Government Code sec. 12950.1. Part-time and seasonal employees are not exempt from training. All current employees must meet current sexual harassment training guidelines.
California requires prevention training to occur biannually. Employees must receive one hour of training every two years. Supervisory employees must receive two hours of training every two years.
Employers May Be Liable for Sexual Harassment
Employers who fail to implement, prevent, and address sexual harassment in the workplace may be liable for the damages resulting from sexual harassment. The CRD requires employers to take steps to prevent and immediately correct harassment and discrimination.
Employers are also responsible for addressing these behaviors by non-employees. Failing to prevent sexual harassment by clients or customers of a business against employees may also result in an employer’s liability for sexual harassment.
California Employers Must Have a Sexual Harassment Policy
Each employer in California should have a written policy addressing sexual harassment. The policy should explain its prevention methods and address discrimination and retaliation against individuals who reject, report, or intervene in unlawful behaviors.
Employers must also provide each employee with a flyer copy, or another approved poster or fact sheet from the CRD. Placing a copy of this poster by the CRD addressing discrimination and harassment is also required.
Steps to Take After Experiencing a Violation of California Sexual Harassment Workplace Laws
Filing a complaint with the appropriate state or federal agency is necessary. Because some laws are rapidly changing, speaking with a sexual harassment lawyer in California before filing a complaint with a governmental agency is recommended. California offers some of the most stringent protections against sexual harassment.
Gather documentation that supports your claim. Under California law, one incident can be severe enough to qualify as sexual harassment. Our team can explain your options and walk you through the legal process for filing a complaint and a sexual harassment lawsuit.