What to Know About Workplace Sexual Harassment Laws in California
*Content warning: discussion of sexual harassment
Sexual harassment is never acceptable and can be especially difficult in the workplace. California has multiple laws protecting employees experiencing sexual harassment. Here’s everything you need to know about California workplace sexual harassment laws.
Understanding the available options available in sexual harassment cases are important to ensure safe and fair work environments. One can pursue many options in California without a lawyer.
What is sexual harassment?
In California, sexual harassment is any form of sex discrimination that violates Title IX statutes and California’s Fair Employment and Housing Act. The laws include unwanted behaviors such as sexual advances or comments and actions creating an uncomfortable or threatening work environment.
California is unique because sexual harassment does not require an explicit basis on sexual desire. Sexual harassment also applies to any comment or action based on a person’s gender or medical conditions.
What penalties exist for sexual harassment perpetrators?
California imposes strict penalties on those responsible for sexual harassment claims. The perpetrator of the harassment is personally liable for all damages the survivor faces. Even if the perpetrator claims they were unaware of the sexual harassment, California still holds them aresponsible.
Related: California Wage Deduction FAQs
Survivors of workplace sexual harassment may choose to file a lawsuit against the perpetrator. Lawsuits may compensate the survivor in damages or monetary remedies. Additionally, companies have policies relating to sexual harassment, including terminating the employee perpetrating the harassment.
Next Steps After Experiencing Sexual Harassment in California
Below are some steps to take if you experience sexual harassment at work in California.
1. Track evidence
One should keep track of evidence and dates and times of occurrences of harassment. Keeping records will assist in filing a complaint and in litigation.
Related: California Employment Discrimination FAQs
2. Inform your employer
Certain companies may require employees to alert employers of harassment before taking legal action. Nonetheless, employers can provide resources and discuss the situation with the perpetrator.
3. File a formal complaint
California has many departments where one can file a complaint without a lawyer. The California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission accept workplace harassment complaints.
Survivors only need to file a complaint with one agency. One can file by mail, over the phone, or online. After filing, a California court may approve the case for further investigation and notify the respondent (filer).
Contact Us
If you or a loved one would like to learn more about California Workplace Sexual Harassment Laws, get your free consultation with one of our Employment Attorneys in California today!