Thousands of workers across California fall victim to instances of workplace harassment. However, many are unaware that they are protected from such conduct and that they can take legal action against it in many cases. By understanding what is considered workplace harassment in California, employees in the state can work to identify and call out instances of harassment at work, allowing them to pursue compensation for damages and making the workplace safer for everyone involved.
Harassment in the workplace comes in many different forms, such as verbal or sexual harassment, and some victims suffer more damage than others as a result. Some instances of workplace harassment may not even be considered illegal but could be against company policy and might be subject to organizational punitive measures.
It’s crucial to understand the instances of workplace harassment in which legal measures can be taken to fight back. This way, California workers can leverage the tools they need to protect themselves and others.
What Is California Workplace Harassment?
If you believe that you are experiencing workplace harassment in California, you may be unsure whether you are a victim of an illegal work environment. Harassment is behavior that is unwelcome or unwanted by the victim of such actions, and it must be based on a protected characteristic. In California, there are 18 protected characteristics, including race, sex, gender, sexual orientation, country of origin, genetic information, ancestry, and religion.
For harassment in the workplace to be considered illegal, it must make up a pattern of activities that contribute to a hostile work environment in which the victim cannot carry out their job duties, and they suffer negative consequences to their well-being and career as a result. Common forms of California workplace harassment include:
- Verbal Harassment. Jokes, slurs, and comments that are disrespectful, offensive, or lewd in nature can be considered verbal harassment. Verbal harassment can also include threats or ridicule on the basis of a protected characteristic.
- Physical Harassment. Common cases of physical harassment include unnecessarily touching, brushing, rubbing, or making contact with another individual in the workplace. Coworkers may also experience physical threats in the workplace.
- Visual Harassment. Showing a coworker unwanted visual content that is lewd or offensive in nature is considered to be visual harassment. Such content may be shown directly to the individual in person, or it could be sent to them online through messaging, email, or social media.
- Sexual Harassment. Sexual harassment can cause a hostile work environment if it includes repetitive instances of unwanted sexual touches, comments, or advances. Quid pro quo harassment involves a supervisor threatening an employee if they do not give them sexual favors or offering them awards, like promotions if they do comply.
Employers in California are required to take adequate measures to actively prevent workplace harassment from occurring and to take swift and adequate action if such an incident is reported. Such preventative measures include having an up-to-date training program and a clear policy to report and address incidences of harassment.
In California, employees are encouraged to come forward if they are experiencing harassment or if they have witnessed it, and they are protected from negative consequences, such as wrongful termination, for coming forward.
If your case is considered to be workplace harassment, it is illegal under both federal and California state law. Therefore, you have a right to protections as a worker, and a skilled and experienced worker can support you in fighting back against your circumstances and holding the right people accountable. Whether you are facing harassment from your coworker, employer, contractor, or another person in the workplace, a dedicated lawyer can support you.
FAQs
Q: What Three Factors Determine Workplace Harassment?
A: Determining workplace harassment is usually done by using three main factors: unwelcome or unwanted conduct, harassment carried out based on protected characteristics, and the impact that it has on the victim of the harassment.
Protected characteristics include race, religion, gender, sex, sexual orientation, medical condition, country of origin, and ancestry, among others. If you are unsure whether your case constitutes workplace harassment, a passionate and experienced lawyer can support you by analyzing your case and determining whether you have legal grounds for a claim.
Q: What Is a Harassment Claim in California?
A: In the state of California, a harassment claim may be brought against an individual or an organization when behavior is carried out that is meant to harass, bother, or alarm an employee. Harassment cases do not have legal grounds unless there is a clear pattern of harassment that is severe and pervasive and has a negative impact on the victim. Damages suffered by the victim can include consequences for their mental and physical well-being, as well as damages to their career.
Q: What Behaviors Are Not Considered Harassment?
A: Certain behaviors that are unpleasant or bothersome may not necessarily be considered harassment under the law, including stress related to a competitive workplace, isolated incidents that do not constitute a larger pattern of harassment, conflicts of personality, disagreements on certain themes or topics, and constructive criticism that is delivered respectfully.
An empathetic lawyer can help you understand whether your case is considered to be harassment under the law. They can help you collect adequate evidence to prove patterns of harassment.
Q: What Is a Hostile Work Environment in California?
A: In California, a hostile work environment is considered to involve patterns or incidents of harassment, discrimination, or other misconduct that is carried out against an individual based on a protective characteristic, such as gender, sex, race, country of origin, medical condition, and physical or mental disability.
Protect Yourself by Hiring a California Workplace Harassment Lawyer
You should not have to bear the burden of California workplace harassment, and your employer has a legal obligation to protect you from such instances happening again. Therefore, depending on the details of your workplace harassment case, there may be one or multiple parties responsible for your damages, including your employer.
An empathetic and skilled California workplace harassment lawyer from Diefer Law Group, P.C., can support you with getting the legal support you need to restore justice in your workplace and obtain compensation for damages. Contact a dedicated lawyer from our team today to get started.
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