Sexual harassment at work is an extremely serious issue. Intense legal and psychological issues can occur as a result of sexual harassment, so preventing it altogether is very important. If you’re an employer or employee in California, it is critical to know how to prevent sexual harassment in the California workplace.
Defining Sexual Harassment in California
According to California law, sexual harassment involves verbal or physical harassment of a sexual nature, such as unwelcomed sexual advances and requests for sexual favors. Sexual harassment includes a range of verbal conduct and physical acts that:
- Affects an individual’s employment
- Creates an intimidating, hostile, or offensive work environment
- Unreasonably interferes with an individual’s work performance
Under California state law, sexual harassment falls into one of two categories.
- Quid Pro Quo Harassment: This is where the receipt of a benefit of employment (ex., a promotion or raise) is conditioned upon the employee submitting to unwelcome sexual conduct.
- Hostile Work Environment: This is unwelcome conduct that creates an intimidating or offensive work environment.
How to Create a Harassment-Free Workplace Culture
Sexual harassment can be prevented by cultivating an atmosphere within the workplace that has a zero-tolerance policy for disrespect. Employees can boost morale and focus on respect and inclusion by implementing the following:
- Establish Clear Policies: Implement a zero-tolerance policy for sexual harassment, and make sure your staff understands what constitutes sexual harassment and the consequences of such actions.
- Training: Host regular training sessions for all employees so that everyone is aware of how to deal with inappropriate sexual conduct if/when it happens in the workplace.
Conducting Regular Training and Education
Regular training and education are necessary components of a harassment prevention strategy. Employers should host mandatory training. California requires employers with more than five employees to provide two hours of sexual harassment training to all employees every two years, and the training must cover how to recognize and prevent sexual harassment as well as a supervisor’s responsibility to report unlawful harassment.
Make sure that the reporting process is both clear and confidential for everyone. That way, people are encouraged to speak up without fear, even on behalf of others. Allow everyone to understand and discuss the learning through Q&A. Lastly, make sure your resources are in compliance with the latest legal statutes.
Establishing Clear Reporting and Investigation Procedures
Good reporting and misconduct-investigation policies are necessary to prevent and remedy sexual harassment. Employers should:
- Create Reporting Channels: Have more than one way to report harassment.
- Prioritize Confidentiality: Make sure that reports are treated confidentially to preserve the privacy of all parties.
- Conduct Prompt and Thorough Investigations: Promptly and thoroughly investigate all complaints by interviewing any witnesses and reviewing or collecting any evidence, as appropriate.
- Take Appropriate Actions: Discipline perpetrators and provide support to victims.
The Importance of Support for Victims
Victims of sexual harassment need a lot of support to heal and feel safe in the workplace again. Employers have an important role in that. They should provide employee support programs to help these survivors cope with the aftermath of their experiences. Consider offering Employee Assistance Programs (EAPs) with easy access to confidential, professional counseling and support groups.
Whenever possible, create open and supportive workplaces where victims can safely share what has happened to them. We should never underestimate the impact that employees’ lives and well-being commonly have on organizations as a whole. By giving employees the help and management they need to feel whole and valuable again, employers can foster a more productive and safe work environment for them and others.
FAQs
Q: Which Workers Are Protected Against Harassment in California?
A: In California, all workers are protected against harassment at work. These include employees as well as independent contractors, unemployment insurance recipients, job applicants, unpaid interns, and volunteers. The Fair Employment and Housing Act (FEHA) prohibits harassment based on protected classifications, which include one’s:
- Race
- Color
- Nationality
- Religion
- Gender
- Sexual orientation
- Age
- Disability
- Medical condition
- Military or veteran status
Q: Do California Harassment Laws Offer More Protection Than Federal Laws?
A: Yes, California harassment laws offer more protection than federal laws. First, they cover more employees, as California’s FEHA applies to most private-sector employees and all public-sector employees. The Federal Title VII applies only to employers with 15 or more employees.
Federal law only covers employees, but California state law protects coworkers, independent contractors, unpaid interns and volunteers, and applicants. California mandates two hours of sexual harassment training every two years for all supervisory employees of employers with five or more employees.
Q: What Is the California Code for Harassment?
A: The California Code for Harassment is detailed within the Fair Employment and Housing Act (known as FEHA) of the Government Code. The California Code for Harassment defines various elements of unlawful sexual harassment and compliance regulations. It also provides tips for employers to avoid sexual harassment issues in the workplace and cultivate healthy environments.
Q: Can You Sue Someone for Harassment in California?
A: Yes, you can sue someone for harassment in California. Victims of sexual harassment in California can file a complaint with the Department of Fair Employment and Housing (DFEH), which will investigate and allow a civil claim if the matter is not solved. Rewards of such cases can include damages or even policy changes at a greater level. It is important to consult with an attorney if you’ve been a victim of workplace sexual harassment.
Contact a California Sexual Harassment Attorney
Avoiding sexual harassment in the workplace is a group action that requires the commitment of both employer and employee. Ensuring that your workplace has a respectful culture, that there is regular training available, and that reporting and investigative procedures are in place and working can go a long way toward preventing harassment.
Talk to the experienced legal team at Diefer Law Group, P.C., today if you need help in preventing or addressing sexual harassment in your workplace. Our attorneys are available and ready to aid you in securing a safe workplace. Contact us today for a consultation to help you stay protected.
ES