Sexual harassment is more than just a violation of someone’s personal boundaries. It is an illegal act that has its own set of punishments to hold perpetrators accountable. The definition of sexual harassment is intentionally broad to cover the many different ways that someone can act inappropriately. By understanding the different nuances of sexual harassment and what still qualifies as this type of abuse in California, we can better protect one another from experiencing such traumatic situations.
Two Main Types of Sexual Harassment
There are two main types of sexual harassment in California. If you are facing either or both, you should contact an Orange County, CA, Sexual Harassment Lawyer for help.
- Quid pro quo harassment: When you hear the term “quid pro quo,” it refers to the act of someone requesting something in exchange for something first. In the context of sexual harassment, this could be a supervisor with authority requesting sexual favors from one of their direct subordinates.What would make this scenario a quid pro quo form of harassment is if the supervisor refused to give a rightfully earned promotion until the individual performed the sexual request.
- Hostile work environment: Sometimes, sexual harassment is not the more obvious physical examples we think about. It can also be specific behaviors that are allowed within an organization that slowly creates a hostile work environment. These types of behaviors could include sexual comments, inappropriate jokes, or even explicit material that is allowed to be displayed.
This can create an intimidating or offensive environment that infringes on an employee’s right to work without being harassed.
California Laws and Protections in 2024
California’s Fair Employment and Housing Act prohibits sexual harassment from happening against any of an organization’s current or future employees. Regardless of how large or small a company is, California has a no-tolerance policy for this type of inappropriate behavior.
The state doesn’t just protect against harassment from those who hold authority over another but also peer-to-peer harassment within and outside the business. This recognizes that individuals not only conduct day-to-day business with the people at their company, but they also collaborate with other vendors and partners who could still engage in this type of behavior.
Sexual Harassment Training
As the Golden State continues to find ways to provide safer workplaces, there has been even more emphasis placed on mandatory training in 2024. All California employers with five or more employees are required by law to provide sexual harassment prevention training to everyone on their payroll. This cannot be a one-time training. The employer must provide a recurrent space for employees to be reminded of what behaviors are explicitly prohibited from happening at work.
The training should not just cover what constitutes sexual harassment. It should also cover topics such as bystander intervention, the nuances of consent, and how everyone can work together to create a culture that will actively and promptly address any instances of sexual harassment.
If any employers are reported to neglect these types of training, they will face state penalties.
There will be even harsher repercussions for employers who have a history of neglecting this type of training in the past. They would also face such penalties if a sexual harassment case is brought to light at a company that has not provided any recent training.
FAQs
Q: What Is Legally Considered Harassment in California?
A: California’s Fair Employment and Housing Act defines harassment as any form of unwelcome verbal, physical, or visual behavior that creates a hostile relationship or environment. Sometimes, harassment can be directed toward a specific protected group of people, such as targeting people of a specific race, gender, or sexual orientation.
The nature of these inappropriate behaviors can range from simple comments made in passing to nonconsensual touch. Any instances of such behavior should be reported as soon as possible. Seek help from an attorney if you face any form of retaliation for attempting to rectify a hostile work environment.
Q: What Is Indirect Harassment?
A: Indirect harassment includes any actions that do not directly target a specific person but still contribute to a larger issue of a hostile work environment. For example, if someone were to talk down about women in general, any female employee in the space could take the comments personally and feel uncomfortable.
This type of harassment doesn’t only include comments made in person. These could also be digital communications found between two individuals or posted on any public forums where all employees are able to view them.
Q: How Many Unwanted Messages Would Be Considered Harassment?
A: The official definition of harassment does not have any specified number of instances to be considered harassment. Rather, it is focused on detailing what behaviors are considered unwelcome and inappropriate. Based on this, it can be inferred that even one single instance of an unwanted message can be considered harassment.
However, the more it happens, the easier it is to piece together patterns of evidence to support a claim that sexual harassment is occurring. Be sure to document every instance you can as it occurs, as these self-notes will be a significant piece of evidence for an attorney to review when investigating a sexual harassment claim.
Q: Are Employers Held Liable for Harassment Committed by Their Employees in California?
A: Yes, an employer can be held liable for harassment by one of their employees. This is especially true if there is any evidence that a supervisor knew that this type of behavior was going on in the workplace and did not do anything to escalate the information or prevent it from festering.
This type of accountability not only applies to managers who may have known about the behaviors, but it also could apply to someone as low on the hierarchy as an entry-level employee. If a supervisor takes all harassment accusations seriously, and ensures that all employees consistently take anti-harassment training every year, it will significantly minimize their risk of being held liable.
Contact Diefer Law Group, P.C., for a Consultation Today
If you have any questions about California’s sexual harassment guidelines for 2024, or would like to report any incidents you have observed in your own workplace, contact the attorneys at Diefer Law Group, P.C., today. We are extremely passionate about reducing the instances of sexual harassment across California. Our firm is happy to work with both employers and employees to help keep our businesses safe and free from unwanted and inappropriate behavior.
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