If you are an employer in California, it is vital to know how to handle sexual harassment complaints in the California workplace. Every employer in the state must comply not only with the anti-harassment laws set forth by the Equal Employment Opportunity Commission (EEOC) but also those set forth by the California Civil Rights Department (CRD). If you do not meet the required obligations, you could be found liable for incidents of harassment at work.
How to Handle Sexual Harassment Complaints in the California Workplace
Every employer in every industry in California is required to comply with the anti-harassment laws set forth by the EEOC and California CRD. Failure to do so can lead to heavy fines and other penalties, as well as greatly diminish the employer’s reputation. It can be very damaging to any business for workplace harassment to manifest, so you must know how to handle these situations should they arise.
One of the most effective ways to handle sexual harassment in the workplace is to take steps to prevent and discourage such behavior as clearly as possible. All employers in California must have detailed anti-harassment policies in place, outlining the behaviors that are not acceptable for employees, and they must also inform every employee of their rights should they experience any type of sexual harassment at work.
The EEOC processes thousands of cases of harassment in US workplaces every year. Between 2018 and 2021, there were a total of 98,411 charges of harassment filed to the EEOC. Of these, 27,291 cases pertained to sexual harassment. During these three years, the EEOC recovered nearly $300 million in compensation for more than 8,100 individuals impacted by sexual harassment at work.
Handling a Sexual Harassment Report at Work in California
If you receive a complaint of sexual harassment in your workplace, it is important to follow your company policy as closely as possible and document everything you can about the incident. Many of these incidents can be resolved internally, and an employee may face various levels of discipline based on their behavior. However, if internal conflict resolution fails, the case can escalate and involve the California CRD and/or the EEOC.
When your organization faces an investigation from the EEOC or the CRD, it is crucial to comply 100% with their requests for information. If either agency determines that your company has failed to meet your requirements under applicable anti-harassment laws, it’s possible to face a heavy fine assigned based on your total number of employees.
Employers may not retaliate against employees who file harassment complaints in good faith. Doing so can lead to severe penalties from the CRD or EEOC. Ultimately, the optimal way to respond to a sexual harassment complaint in a California workplace is to follow the company’s anti-harassment policy as closely as possible, document every detail of the incident, save records of all correspondence, and report the issue up the chain of command.
While some employers face liability for these incidents, it is possible for an employer to face a situation that involves multiple employees, and they may need assistance resolving these cases while complying with applicable state and federal laws. Robust anti-harassment policies are crucial for every employer in California. Reach out to the Diefer Law Group if you have questions about a recent incident of sexual harassment at work.
FAQs
Q: How Do You Respond to a Harassment Complaint in the Workplace?
A: You should respond to a harassment complaint in the workplace by immediately gathering as much evidence as possible to review the details of the situation as clearly as possible. Every employer in California must have a clear anti-harassment policy in place and a system designed to resolve these conflicts internally. Follow company policy, document every detail of the situation, and report the problem up the chain of command.
Q: What Are the Penalties for Harassment at Work in California?
A: The penalties for harassment at work in California will vary from case to case. The individual found responsible for harassment could not only face internal penalties from their employer, such as a transfer, suspension, or termination, but they could also face additional penalties from the California CRD or the EEOC. In extreme cases, harassment could also lead to criminal charges.
Q: What Is the Workplace Harassment Policy in California?
A: In California, the workplace harassment policy prohibits any type of harassment on the basis of protected personal characteristics, such as race, religion, age, sex, medical status, or disability. Employers are required to ensure a workplace free from harassment and discrimination of all kinds and to have firm policies in place for resolving any type of harassment that occurs within their organizations.
Q: What Penalties Can an Employer Face for Harassment in the Workplace?
A: It is possible for an employer to face various penalties for harassment in the workplace. If the EEOC or the California CRD determines that an employer has failed to implement an appropriate anti-harassment policy, they can face a heavy fine based on their total number of employees. Additionally, they may be required to follow specific instructions to create a more robust anti-harassment policy and/or conflict resolution system within the organization.
Q: Can You Claim Compensation for Harassment at Work in California?
A: Yes, it is possible to claim compensation for harassment at work in California. The victim of workplace harassment may have grounds to claim compensation for lost income and lost benefits if they were wrongfully terminated or were forced to quit due to a hostile work environment. They can also receive pain and suffering compensation, and many plaintiffs in these cases also receive liquidated or punitive damages awarded at the discretion of the EEOC or CRD.
Contact Our Experienced Legal Team to Protect Your Rights
The Diefer Law Group has extensive experience resolving all types of workplace harassment cases in California. We have the resources and skills necessary to handle the most challenging cases, and we are ready to answer your questions about your specific case. If you believe you have grounds for a harassment case or if you have questions as an employer, contact us today to schedule a free consultation with our team.
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