California Sexual Harassment Law

Sexual harassment is defined by California as unlawful violence, such as stalking, assault, or battery, or as a credible threat of violence, which causes significant fear, annoyance, or harassment without any valid reason. In California, any conduct or behavior of a sexual nature that results in an environment that is hostile, intimidating, and/or offensive to an employee on the basis of their sex is regarded as sexual harassment. According to this definition, a single occurrence can be considered sexual harassment if it is serious enough.

Under federal law, specifically Title VII of the Civil Rights Act of 1964, and on the state level in California through the Fair Employment and Housing Act, sexual harassment is considered a type of employment discrimination and is prohibited. However, the question arises as to what specific behaviors or actions fall under the umbrella of sexual harassment.

According to federal and California sexual harassment laws, the following actions in the workplace are considered sexual harassment:

• Making derogatory slurs, jokes, comments, or epithets.
• Making unwanted sexual offers.
• Offering benefits in exchange for sexual favors.
• Taking negative actions such as loss of employment or benefits following a harassment complaint.
• Displaying or giving sexually suggestive objects, cartoons, pictures, or posters.
• Blocking or impeding an individual’s movements.
• Making unwanted physical contact.
• Discussing sexual acts.
• Threatening to take adverse employment actions or benefits if sexual requests are not met.
• Making rude gestures or leering.
• Using sexually degrading words, graphic comments, or sending sexually suggestive or obscene messages.

It is important to note that some of the actions listed above may not be considered sexual harassment if they are welcomed by the recipient. For example, if an employee asks out a coworker and the coworker agrees to go on a date, it would not be considered harassment. However, it is possible for an action to be initially welcomed but later become unwelcome.

Additionally, while Title VII only applies to employers with fifteen or more employees, California’s sexual harassment laws apply to all private, state, and local employers, regardless of their workforce size. This also applies to other California workplace bullying laws and protections.

The Fair Employment And Housing Act: California Sexual Harassment Law

To meet the requirements set by the FEHA and the DFEH, it is mandatory for all employers to take rational measures to stop and rectify any acts of discriminatory or harassing behavior. This can be achieved by an employer having a documented policy in place that addresses the prevention of harassment, discrimination, and retaliation in the workplace, and ensuring that all employees are aware of and understand the policy.

The policy ought to clarify the procedure for filing a complaint, which includes the following responsibilities of the employer:

• Addressing the complaint in a timely manner
• Maintaining confidentiality
• Acknowledging the complainant’s communication
• Assigning qualified personnel to investigate the complaint
• Documenting the investigation and keeping track of the complaint’s status and results
• Taking appropriate corrective measures
• Ensuring that the complaint is resolved in a timely manner.

Furthermore, the policy should:

• Provide alternative reporting options for employees to report incidents to individuals other than their supervisor (e.g., through a complaint hotline, an ombudsperson, or directly to DFEH or the EEOC).
• Direct supervisors to refer harassment complaints to a designated representative, such as a human resources officer.
• State that the employer will conduct an impartial, prompt, and thorough investigation that respects the rights of all parties involved.
• Clarify that conclusions will be drawn based on the evidence collected during the investigation.
• Explain that while the employer will strive to maintain confidentiality, the investigation may not be entirely confidential.
• Affirm that if the investigation uncovers evidence of wrongdoing, the employer will take the necessary corrective actions.
• Make it explicit that employees who report complaints or participate in workplace investigations will not be subjected to retaliation.

Sexual Harassment Outside Of Work

The law in California safeguards individuals who experience sexual harassment outside of their workplace. This type of harassment can occur in various professional associations, such as with doctors, therapists, landlords, accountants, lawyers, or teachers. In 1994, the California Legislature acknowledged that sexual harassment can happen in non-work settings and created a legal remedy for such cases under the California Civil Code Section 51.9. This provision applies to sexual harassment in business and professional relationships.

In 2019, the law was revised to provide additional legal protection for victims of sexual harassment. The amendment specifically extended protection against sexual harassment by elected officials, lobbyists, directors, and producers.

Sexual Harassment Lawyers of Pasadena can provide you with expert legal advice and representation on California sexual harassment laws. We understand that sexual harassment can occur in various professional and personal settings, and we are here to help you navigate the legal process.