California Sexual Harassment Laws
Few workplace circumstances leave an employee feeling more vulnerable than sexual harassment. Despite years of increased awareness, employees still report cases of sexual harassment in the workplace, including in California. While no legal process erases the distress of experiencing sexual harassment at work, California’s workplace protection laws allow a victim to seek financial accountability and the sense of justice they deserve. Reach out to our professional employment attorneys for a free case review at (949) 380-0900.
National and State Protections Against Workplace Sexual Harassment In California
Sexual harassment in the workplace is a form of unlawful discrimination under both federal and state law in California. When an employee experiences sexual harassment by an employer, supervisor, manager, or coworker, they have the right to guaranteed protections under the following laws:
Title VII of The Civil Rights Act
The U.S. Equal Employment Opportunity Commission (EEOC) investigates sexual harassment claims and enforces protections under Title VII of the Civil Rights Act. The Commission states the following:
“When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred.”
The Civil Rights Act protects employees of employers with 15 or more workers.
California’s Fair Employment and Housing Act (FEHA)
California expands on the Civil Rights Act protections against sexual harassment by stating the following:
“Under California law, the offensive conduct need not be motivated by sexual desire, but may be based upon an employee’s actual or perceived sex or gender-identity, actual or perceived sexual orientation, and/or pregnancy, childbirth, or related medical conditions…”
How Does FEHA Expand Sexual Harassment Protections for California Workers?
FEHA’s sexual harassment law expands on the protections of the Civil Rights Act by applying the state’s protections to workers of employers with only a single employee and also protects job applicants, interns, paid volunteers, and independent contractors as well as direct employees. In addition, the robust state protections also protect workers from sexual harassment from clients, customers, and vendors if the employer knew of the harassment and failed to act. California’s law also removes caps on compensatory and punitive damages.
Both Federal and California laws also state that it’s unlawful for an employer to retaliate when an employee asserts their legal protections against sexual harassment under state and federal laws.
What Is Sexual Harassment at Work Under California Law?
There are many ways that sexual harassment occurs in the workplace. FEHA describes sexual harassment as follows:
“Sexual harassment refers to both unwelcome sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex.”
This includes common sexually harassing behaviors such as:
- Unwanted touching or sexual assault
- “Quid pro quo” or asking for sexual favors in exchange for promotions, higher pay, or other work benefits, or in exchange for not reducing hours, denying a promotion, or terminating employment
- Making crude or sexual comments about another’s appearance or clothing, or telling “dirty jokes”
- Displaying sexually explicit materials
- Repeatedly asking an employee or coworker for dates or sexual intimacy after being told no
Employers may be held liable for their employee’s sexual harassment from a supervisor, manager, or coworker if they knew or should reasonably have known about the harassment.
How Does an Orange County Employment Lawyer Help?
Employers use common defenses against sexual harassment claims, such as stating that they were unaware or uninformed of the harassment, or that they took reasonable steps to prevent sexual harassment from occurring in the workplace. The employer’s attorney may also attempt to undermine or undervalue your case. Call an experienced California sexual harassment lawyer to represent your best interests throughout your case to maximize your chances of gaining a sense of justice through an outcome in your favor.