Liability for One Incident of Harassment in California
Harassment in the workplace is a serious issue, and California has strict laws to protect employees. Many people believe that harassment must be ongoing to be considered illegal, but that is not always the case. In some situations, even a single incident of harassment can create liability for an employer.
Understanding Workplace Harassment
Harassment is unwelcome conduct based on a person’s protected characteristics, such as:
- Race
- Gender
- Religion
- Disability
- Sexual orientation
- Age
Workplace harassment can include offensive jokes, slurs, physical threats, or unwanted advances. While repeated incidents may strengthen a case, California law acknowledges that, in some cases, a single act can be serious enough to lead to liability.
When One Incident Is Enough
Under California’s Fair Employment and Housing Act (FEHA), harassment does not have to be repeated to be unlawful. A single incident is sufficient if it:
- Is severe enough to create a hostile work environment
- Violates an employee’s rights under FEHA
For example, if a supervisor commits a serious act of sexual harassment, such as groping an employee, that one act may be enough to hold the employer responsible. Similarly, one offensive racial remark from a manager may be sufficient if it significantly affects the employee’s work environment.
Employer Liability for Harassment
Employers in California are held responsible for harassment that takes place at work. Liability depends on factors such as:
- Whether the harasser is a supervisor or coworker
- If the employer failed to prevent or address the harassment
Employers are directly liable when harassment is committed by a supervisor because supervisors represent the company. If the harassment comes from a coworker, the employer can still be held responsible if they knew—or should have known—about the issue and failed to act.
What Employees Should Do
If an employee experiences harassment, they should:
- Report the incident to their employer or HR department
- Document what happened, including dates, times, and witnesses
- File a complaint with the California Civil Rights Department (CRD) if the employer does not take action
Employees have the right to a workplace free from harassment, and legal protections are in place to ensure they do not suffer retaliation for reporting misconduct.
Steps Employers Should Take
To prevent liability for harassment, employers should:
- Implement strong anti-harassment policies
- Conduct regular harassment prevention training
- Encourage employees to report concerns without fear of retaliation
- Take all complaints seriously and conduct prompt investigations
By taking these measures, employers can create a safer workplace and reduce the chances of legal liability.
Final Thoughts
In California, a single incident of harassment can be enough to hold an employer liable if it is severe. Employees should report any harassment they experience, and employers must take proactive steps to prevent and address workplace misconduct. By understanding the law, both employers and employees can contribute to a respectful and fair work environment.