Understanding Sexual Harassment Law in California
Sexual harassment is a serious issue in the workplace and beyond. In California, the law offers strong protections for employees who experience harassment. If you work in California, it’s important to understand your rights and what steps you can take if you face harassment. This article explains sexual harassment laws in California in simple terms.
What is Sexual Harassment?
Sexual harassment includes unwanted sexual advances, comments, or actions that create a hostile work environment. Under California law, sexual harassment falls into two main categories:
- Quid Pro Quo Harassment: This happens when a supervisor or person in power asks for sexual favors in exchange for job benefits like promotions or raises.
- Hostile Work Environment: This occurs when inappropriate behavior, such as jokes, touching, or comments, creates an uncomfortable or toxic workplace.
California’s Sexual Harassment Laws
California has some of the strongest sexual harassment protections in the U.S. The main laws that address sexual harassment include:
- Fair Employment and Housing Act (FEHA): This law protects employees from sexual harassment and allows them to take legal action against their employers.
- California Civil Code Section 51.9: This law covers harassment in professional relationships, such as those between doctors and patients or landlords and tenants.
- Government Regulations: Employers in California must provide sexual harassment training and establish policies to prevent harassment in the workplace.
Who is Protected Under These Laws?
California’s sexual harassment laws protect not just full-time employees but also:
- Part-time workers
- Interns
- Independent contractors
- Job applicants
This means that even if you do not work full-time for an employer, you still have legal protections against harassment.
Employer Responsibilities
California requires all employers to take steps to prevent sexual harassment. These steps include:
- Providing sexual harassment training for all employees
- Creating and sharing clear harassment policies
- Investigating harassment complaints quickly and fairly
- Preventing retaliation against employees who report harassment
If an employer fails to take these steps, they can be held responsible for allowing harassment in the workplace.
What to Do If You Experience Sexual Harassment
If you face sexual harassment at work, you should take the following steps:
- Document Everything: Keep a record of incidents, including dates, times, locations, and what was said or done.
- Report the Harassment: Inform your supervisor, human resources department, or another appropriate authority at work.
- File a Complaint: If your employer does not solve the problem, you can file a complaint with the California Civil Rights Department (CRD).
- Seek Legal Help: If necessary, consult an attorney to explore your legal options.
Penalties for Sexual Harassment
Employers and individuals who commit sexual harassment can face serious consequences. Penalties may include:
- Job termination
- Fines and monetary damages
- Lawsuits from affected employees
- Mandatory training and policy changes
Victims of sexual harassment may also receive compensation for emotional distress, lost wages, and legal fees.
Conclusion
Sexual harassment is against the law in California, and strong legal protections exist to help employees feel safe at work. Understanding your rights and knowing what steps to take can empower you to stand up against harassment. If you experience workplace harassment, report it and take action to protect your rights.