Sexual harassment remains a significant issue in workplaces across California. State law provides strong protections for employees and imposes strict obligations on employers to prevent and address harassment. Whether you are an employee experiencing harassment or an employer seeking compliance, understanding these laws is essential.
What is Considered Sexual Harassment?
Under California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that affects employment conditions, interferes with job performance, or creates a hostile work environment.
Sexual harassment generally falls into two categories:
- Quid Pro Quo Harassment – When a supervisor or someone in a position of power conditions employment opportunities (such as promotions, raises, or continued employment) on the acceptance of sexual advances.
- Hostile Work Environment – When repeated, unwanted sexual behavior creates an intimidating, offensive, or abusive work environment, making it difficult for an employee to perform their job.
Employer Responsibilities Under California Law
In California, FEHA holds employers strictly liable for sexual harassment committed by supervisors, meaning the company is responsible even if leadership was unaware of the misconduct. Additionally, employers can be liable for harassment committed by co-workers, customers, or third parties if they fail to take appropriate action.
Employers with five or more employees are required to:
- Provide Sexual Harassment Prevention Training
- Supervisors must receive two hours of training every two years.
- Non-supervisory employees must receive one hour of training every two years.
- Training must be interactive, cover legal definitions and examples, and include bystander intervention techniques.
- Implement and Enforce an Anti-Harassment Policy
- Employers must have a written policy outlining what constitutes harassment, how to report it, and the consequences for violators.
- This policy must be distributed to all employees and available in multiple languages if necessary.
- Investigate and Address Complaints Promptly
- Employers must take complaints seriously and conduct thorough, neutral, and prompt investigations.
- If harassment is found, corrective action (such as termination or retraining) must be taken.
- Prevent Retaliation
- Employees who report harassment, assist in an investigation, or refuse to participate in harassment are protected from retaliation such as demotions, pay cuts, job reassignments, or termination.
Failure to follow these obligations can result in lawsuits, financial penalties, and reputational damage for employers.
What Should an Employee Do if They Experience Harassment?
If you are experiencing sexual harassment at work, California law provides several options to protect your rights:
- Document the Harassment – Keep records of incidents, including dates, times, locations, what was said or done, and any witnesses. Save emails, text messages, or other relevant communications.
- Review Your Company’s Policy – Check your employee handbook or HR materials for internal complaint procedures.
- Seek Legal Guidance – An employment attorney can assess your case and help determine the best course of action, including potential lawsuits.
What are the Legal Consequences of Workplace Harassment?
Employers who fail to prevent or address sexual harassment can face:
- Lawsuits – Victims may file civil lawsuits seeking compensation for emotional distress, lost wages, and punitive damages.
- CRD and EEOC Penalties – Government agencies can investigate and order financial settlements or policy changes.
- Negative Publicity – Workplace harassment scandals can significantly impact a company’s reputation and employee retention.
Conclusion
California law strongly protects employees from sexual harassment and holds employers accountable for creating a safe work environment. Companies must take proactive steps to prevent harassment, while employees should be aware of their rights and available legal remedies.
If you are experiencing workplace harassment, taking action early can help protect your rights and career. Consulting with an employment attorney can provide guidance on the best legal options for your situation.
The blog published by Fairchild Employment Law is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.