As an employee, it is essential to be familiar with the existing sexual harassment laws in California. If an employee ever finds themself in a situation where they may be facing sexual harassment, knowing the relevant laws in California will be useful in the process of pressing charges and receiving justice.
The sexual harassment laws in California include the California Code of Regulations and the Fair Employment and Housing Act, or FEHA. The California Code of Regulations dictates that employers must guarantee a fair and safe workplace to their employees. FEHA states that harassment on the basis of sex or gender is illegal in California.
Why Do We Have Sexual Harassment Laws?
Every employee is guaranteed the right to a safe workplace, free from hostility. Sexual harassment laws add force and accountability to guarantee a safe workplace. Employees can refer to sexual harassment laws when they feel unsafe and need to demand their workplace security. Sexual harassment laws provide a concrete legal pathway for employees to take legal action against their harassers and demand justice.
Get your free consultation with one of our California Workplace Sexual Harassment Attorneys today!
California Code of Regulations
California has regulatory laws that mandate a safe working environment for all employees. California employers are legally obligated to provide a safe workplace free from sexual harassment for the employers’ employees.
The Code of Regulations firmly outlines that employers must actively work to secure a safe working environment. Employers are legally obligated to actively prevent, stop, and correct sexual harassment in the workplace. If employers fail to adhere to the California Code of Regulations by failing to provide a safe working environment, they may be liable for sexual harassment.
The Fair Employment and Housing Act
In addition to the California Code of Regulations, California also has the Fair Employment and Housing Act. FEHA dictates that it is illegal “to harass an employee…because of marital status, sex, gender, gender identity, or gender expression.” FEHA creates a safeguard that legally protects employees against harassment in the workplace on the basis of sex or gender. Robust legal protections serve to help employees feel safe and secure in their place of work.
Note that FEHA does not specify which sex or gender is protected from sexual harassment, meaning that people of any gender identity are legally protected from sexual harassment in the workplace.
The categories of sex and gender under FEHA are broad, which means that a wide scope of issues relating to sex or gender are protected against sexual harassment. This can include sex or gender-related issues such as pregnancy or maternity leave. The broad categories of sex and gender are a catch-all for the countless issues relating to sexual harassment, firmly creating a safe working environment.
What to Do About Sexual Harassment
In order to take legal action against harassers that have violated California sexual harassment laws, employees have the option of bringing the issue to the Human Resources department within the company.
If the employee wishes to pursue legal action against the employer for workplace sexual harassment, they have two options to do so. The employee may work with the California Department of Fair Employment and Housing, or DFEH, to file a complaint and undergo an investigation. Or, the employee may wish to conduct their own private legal proceedings without involving the DFEH.
Related: How to File a Sexual Harassment Complaint in California
FAQs
What is sexual harassment?
Sexual harassment is discrimination and unsavory behavior toward an employee for their sex or gender. This can look like verbal of physical harassment against an employee on the basis of their sex or gender. Examples of sexual harassment include invitations for sexual favors, inappropriate comments, teasing, offensive jokes, sexual advances, and so on.
Am I protected against sexual harassment?
Yes. California and federal laws prohibit sexual harassment against employees in the workplace. Employees may not be treated unfairly or poorly as a result of their sex or gender. They are at liberty to take legal action against the perpetrators of sexual harassment.
Contact Us
If you or a loved one would like to know more about sexual harassment laws in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal issue. Get your free consultation with one of our California Workplace Sexual Harassment Attorneys today!