When it comes to protecting employees from workplace sexual harassment, California offers robust protections. California sexual harassment laws uphold employees’ rights to a safe and respectful working environment and provide recourses for employer misconduct.
This article aims to provide an overview of these laws and illuminate some of their more important aspects. However, if you believe you’ve been a victim of sexual harassment, a crucial first step is to call us at the Law Office of John Dalton. Attempting to handle your claim alone or with incomplete information can result in mistakes that could compromise your case. We are here to help you understand your rights and take action against your harasser.
What Are the Sexual Harassment Laws in California?
Sexual harassment laws in California are governed by the Fair Employment and Housing Act (FEHA). The FEHA defines sexual harassment as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical sexual conduct that affects a person’s employment. This law applies to all employers, including the public and private sectors. FEHA protections cover various forms of harassment, including “quid pro quo” and hostile work environment claims.
What Is “Quid Pro Quo” Harassment?
“Quid pro quo” is Latin for “this for that.” The critical characteristic of quid pro quo harassment is when someone in a position of power, such as a supervisor or manager, demands sexual favors in exchange for employment benefits. This type of harassment can include promises of promotions, raises, or other job-related perks in return for complying with sexual advances. Conversely, it can also involve threats such as demotions, firing, or unfavorable treatment if the employee fails to meet sexual demands.
What Is a Hostile Work Environment?
A hostile work environment occurs when unwelcome conduct of a sexual nature creates an intimidating, offensive, or abusive work environment. Hostile work environment examples include:
- Repeatedly making sexual jokes, comments, or innuendoes;
- Unwanted touching, such as hugging, patting, or brushing up against someone; and
- Frequently discussing sexual exploits or sexual preferences in the presence of others.
Unlike quid pro quo harassment, which typically involves a direct exchange or proposition, a hostile work environment is when certain behaviors permeate the workplace, making it difficult or uncomfortable for an employee to perform their job.
What Is the Scope of California Sexual Harassment Laws?
California sexual harassment laws cover harassment by supervisors, co-workers, clients, and non-employees such as independent contractors. The law also protects anyone in the workplace, regardless of gender or sexual orientation.
If you feel you’ve experienced harassment, the first thing you should do is contact us. Don’t assume your situation isn’t serious because it wasn’t a supervisor who harassed you. California’s laws about sexual harassment and assault are broad, and there may be more legal avenues available to you than you realize. Allow us to explain your options in a confidential, no-obligation consultation.
What Are My Rights and Protections Under California Sexual Harassment Laws?
As a California employee, you have the right to work in an environment free from harassment and discrimination. Laws also protect you from retaliation if you report harassment or participate in an investigation. However, navigating these protections can be complicated.
Filing a complaint with the California Civil Rights Division (CRD) or the Equal Employment Opportunity Commission (EEOC) requires a deep understanding of how these agencies operate. For example, filing a complaint incorrectly or too soon may result in delays, procedural dismissals, or an extended investigation period that leaves your case stale. For these reasons, it’s best to avoid handling workplace sexual harassment alone. At the Law Office of John Dalton, we have extensive experience dealing with the CRD and EEOC and can guide you through the process to ensure your rights are fully protected.
Laws About Sexual Harassment and Assault and Employer Obligations
California employers must take all reasonable steps to prevent harassment. This includes having a clear anti-harassment policy, regular training for employees and supervisors, and promptly investigating complaints. Failure to meet these obligations can make the employer legally liable for damages, even if the employer was not aware of the harassment at the time it occurred. California laws also provide serious consequences for violations, including financial compensation for damages, legal fees, and potential disciplinary action against the harasser.
Don’t Wait—Contact the Law Office of John Dalton Today
Navigating workplace sexual harassment can be challenging, but you don’t have to do it alone. We offer free case reviews and are dedicated to protecting your rights and ensuring you receive justice.
Let us help you take control of your situation. With over 25 years of experience and some of California’s largest sexual harassment settlements under our belt, we are here to provide the support, guidance, and aggressive representation you need. Contact us today for a free consultation.