Let the Law Office of John Dalton Represent You in Your Journey Toward Justice
Is an employer liable for sexual harassment in the workplace in CA? You could have a case. Here at the Law Office of John Dalton, we know how debilitating and difficult it can be to overcome sexual harassment. But don’t stand alone. Let us listen to your story and give you a voice. We pride ourselves on developing a meaningful relationship with all our clients and will fight for you. In addition, our firm concentrates solely on employment law cases. That means we are thoroughly experienced with all facets of sexual harassment claims. Which California law protects workers from sexual harassment? The Fair Employment and Housing Act (FEHA) provides protections against workplace harassment and discrimination. Don’t wait.
Employer Liability for Sexual Harassment in California Workplaces
Is an employer liable for sexual harassment in the workplace in CA? In many cases, yes. Sexual harassment in the workplace is a serious problem both throughout the United States and in California. To help combat sexual harassment, California law imposes strict liability on employers when their agents or supervisors commit acts of sexual harassment against employees.
This means your employer can be liable even if they did not know about the harassment. Your employer can also be liable for acts of sexual harassment committed by your co-worker, subordinate, or other parties.
Both California and federal workplace sexual harassment laws allow you to receive compensation for acts of sexual harassment. Consequently, if you are a victim of sexual harassment, don’t stay silent. Call us or contact us online today to recover compensation for your losses.
Understanding Sexual Harassment in California
Before we explore an employer’s liability for sexual harassment, it’s essential to define sexual harassment. According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment includes things like “unwanted sexual advances, requests for sexual favors, other verbal or physical harassment of a sexual nature.” According to federal law, sexual harassment can also include offensive remarks and conduct relating to a person’s gender. It can take the form of someone:
- Asking for dates;
- Making comments about your body or about other people;
- Asking questions about your personal relationships;
- Making comments about what you are wearing;
- Calling you “pet names” for example, “honey” or “sweetie” or referring to you as “sexy” or “hot”
- Making any comments that are sexual in nature or contain sexual innuendo or meaning;
- Putting you down because of your gender;
- Making any derogatory or demeaning comment about your gender.
The federal laws that prohibit workplace sexual harassment can be found under Title VII of the Civil Rights Act of 1964.
Which California Law Protects Workers from Sexual Harassment?
California and federal laws protect employees from sexual harassment, but California anti-harassment laws offer even more protection for employees. Which California law protects workers from sexual harassment? California’s Fair Employment and Housing Act (FEHA) protects employees. Now, let’s talk about what harassment looks like under California law.
Under California law, the definition of “sexual harassment” includes a wider variety of behaviors. Specifically, it involves any kind of negative, inappropriate, or unwanted behavior against an employee based on a constellation of unlawful gender-related reasons. Those reasons include:
- Sex,
- Marital status,
- Sexual orientation,
- Pregnancy,
- Childbirth,
- Pregnancy-related or sex-related medical conditions,
- Gender identity, and
- Gender expression.
Notwithstanding these small nuances in definition, the California and federal conceptions of sexual harassment are very similar. In both jurisdictions, it does not matter if the victim is the same gender as the harasser. Also, sexual desire does not have to be the motivating factor for the harassing conduct.
So, Is an Employer Liable for Sexual Harassment in the Workplace in California?
An employer can be liable. California law imposes an affirmative duty on employers to prevent sexual harassment. Therefore, your employer’s obligation to prevent workplace sexual harassment is a legal one that must be taken seriously. So, Which California law protects workers from sexual harassment? California law imposes two levels of liability on employers. If your sexual harasser is a supervisor or agent of the employer, then your employer is strictly liable for the harassment. That means your employer is liable even if they were not aware of the harassment. This is based on the fact your employer has given authority to a person who abuses that authority via sexual harassment or discrimination. Your employer can also be liable even if they have taken general actions to prevent sexual harassment, such as posting sexual harassment legal notices throughout the workplace.
But what if your harasser is a co-worker or a non-supervisory employee? Your employer can still be held liable. When the harasser is a co-worker or non-supervisory employee, you’ll need to show two things to hold your employer liable:
- Your employer knew, or should have known, about the sexual harassment, and
- Your employer failed to take immediate corrective action.
It is very important to contact us as soon as you believe you have been a victim of sexual harassment. Understanding who is liable for workplace sexual harassment can be a little confusing. For instance, who is liable if the sexual harasser is a third party who visits your workplace but is not an employee? Who is responsible if the harasser is a client or member of the public? An employer that knows about harassment from a non-employee can still be liable for the harm caused. These types of harassment are also not unusual, and we frequently deal with them. If you think this is happening to you, please contact us immediately.
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What Obligations Does an Employer Have to Prevent Sexual Harassment?
Regardless of whether harassment ever occurs in an employer’s workplace, employers must take several steps to prevent it. California law has strict requirements for employers to educate employees about preventing harassment. The law emphasizes that training is a critical tool for fostering a safe and respectful workplace, and key obligations include the following.
An Employer’s Obligation to Post and Distribute Information on Sexual Harassment
An employer must put up a poster from the California Civil Rights Department (CRD) on sexual harassment in an accessible work area. The CRD poster discusses the illegality of sexual harassment and should be posted in a prominent location. The employer must also put up a poster regarding transgender rights in a prominent area. In addition to putting up posters, employers must hand out CRD information sheets on sexual harassment to employees. These sheets include:
- The definition of sexual harassment under state and federal laws,
- Information about the illegality of sexual harassment,
- Remedies available for victims of sexual harassment,
- Examples of sexual harassment,
- The employer’s complaint process for sexual harassment matters,
- The CRD complaint process for sexual harassment,
- Information on how to contact the CRD,
- Information about legal protection from employers that retaliate against employees who claim harassment (or help with claims), and
- A link for online sexual harassment training from the CRD.
Staying informed about harassment can keep everyone safe. Employers must do their part to educate their workers.
An Employer’s Obligation to Provide Training for Supervisors and Employees
If an employer has at least five employees, it must regularly train its workforce regarding sexual harassment. The law requires employers to provide training according to the following timelines:
- Supervisors must receive at least two hours of anti-harassment training every two years, and
- Non-supervisory employees must receive at least one hour of training every two years.
Training must be provided for new hires and supervisors within six months of hire or promotion.
If your employer has not provided the necessary training or information in the workplace, its failure could be the key to holding them liable for workplace harassment. We can review the facts of your case to help ensure that your employer is held accountable for its neglect or misconduct.
What Legal Relief Is Available to Victims of Harassment?
Victims of workplace sexual harassment are entitled to pursue legal remedies to address the harm they’ve suffered. These remedies can include the following.
Compensatory damages
Remedies in a harassment case should cover your financial losses and your pain from the situation. Through compensatory damages, you may be awarded compensation for:
- Emotional distress caused by the harassment;
- Medical expenses related to therapy or treatment; and
- Lost wages, finances, or benefits due to the harassment’s impact on your employment.
Punitive damages
In cases of egregious misconduct, courts may impose punitive damages. These damages punish the employer and deter similar behavior in the future. Your right to punitive damages can be hard to prove, but we have been handling these cases for decades and can help ensure you receive every penny you deserve.
Reinstatement and back pay
If harassment led to a wrongful termination or demotion, you may seek reinstatement to your position, back pay, and restoration of benefits.
Attorney’s fees and costs
Successful claimants can recover legal expenses, including attorney’s fees and court costs.
Injunctive relief
Courts may order your employer to take specific actions to prevent future harassment, such as revising policies, enhancing training programs, or implementing monitoring systems.
Taking Control: The Most Important Thing to Do If You Are Experiencing Sexual Harassment in the Workplace
If you’re experiencing sexual harassment right now, the first and most critical thing you can do is to contact us right away. By contacting us first, you can plan your actions from square one, instead of acting first and hoping you made the right choice. We can help you in several ways. Most importantly, we protect your rights, help you with the legal process, and negotiate on your behalf with your employer and third parties.
Below are three more specific steps you can take after you contact us.
Document, Document, Document
Keep a record of all sexual harassment incidents. Be sure to record the date, time, and location, and what was said or done. This documentation can be used as evidence to support your claim when you decide to pursue legal action. It can also prove vital if your employer attempts to retaliate against you for speaking up. But keep in mind, that the most important thing to do is to contact us as soon as you believe you have experienced sexual harassment.
Report the Harassment to Your Employer
Sometimes, you might feel that it makes no difference to report the harassment to your employer. Your employer has a legal responsibility to investigate and take appropriate action to stop the harassment. And by reporting the harassment, you can help put your employer on notice. Even if your boss takes no corrective action, documenting your report can help you hold them accountable during a lawsuit. Again, contact us if you think you have suffered sexual harassment.
File a Complaint with the California Civil Rights Department (CRD)
The CRD is a California state agency (analogous to the EEOC) that investigates claims of discrimination and harassment in the workplace. It is very important you contact us before you file a complaint with the CRD. The complaint process often requires guidance, and it is important not to make a mistake. So let us help you with this process, and contact us before taking any action on your own.
We Are Sexual Harassment Defenders, So Contact Us
Call us today or reach out to us online for a free consultation.
Resource List
- California Government Code, §§12940-12954, link.
- California Government Code, §12950, link.
- California Government Code, §12950.1, link.
- 42 USC 1981, link.