Which California law protects workers from sexual harassment?

Posted on Friday December 20, 2024

The Fair Employment and Housing Act (FEHA) is the primary California law that protects workers from sexual harassment in the workplace. This law ensures that employees across the state, including those in San Diego, are safeguarded against inappropriate conduct, hostile work environments, and retaliation stemming from workplace harassment. At Mara Law Firm, located at 2650 Camino Del Rio N, Suite 302, San Diego, CA, our experienced attorneys are dedicated to helping employees understand which California law protects workers from sexual harassment. We provide expert legal guidance to ensure your rights are upheld and justice is served.

What is sexual harassment in San Diego, CA?

Sexual harassment is defined as unwelcome conduct of a sexual nature that creates a hostile or offensive work environment or interferes with an individual’s ability to perform their job. This behavior can be verbal, physical, or even visual and can come from supervisors, co-workers, or clients. The Fair Employment and Housing Act (FEHA)  prohibits such conduct in the workplace, holding employers accountable for preventing and addressing harassment. According to California law, even a single severe incident can constitute harassment if it is serious enough to disrupt the work environment.

Common examples of sexual harassment in the workplace

• Unwelcome sexual advances or repeated requests for dates
• Comments, jokes, or gestures of a sexual nature
• Displaying or sharing sexually explicit images or content
• Physical contact, such as touching, groping, or invading personal space
• Quid pro quo harassment, where job benefits are tied to acceptance of sexual advances
• Persistent stalking, texting, or emails of an inappropriate nature

Employers in San Diego are legally required to prevent and address these behaviors to ensure a safe and equitable work environment.

State of California harassment laws

California has some of the strongest anti-harassment laws in the country, aimed at protecting workers from various forms of workplace discrimination and abuse. The Fair Employment and Housing Act (FEHA) prohibits employers with five or more employees from permitting or engaging in sexual harassment. This protection extends to employees and independent contractors, ensuring broad coverage under the law.

Employers must also provide mandatory sexual harassment prevention training to their workforce. Supervisors must complete two hours of training, while non-supervisory employees are required to undergo one hour of training every two years. These requirements are outlined by the California Civil Rights Department (CRD) and are designed to educate employees on recognizing and responding to harassment.

What is the California policy against sexual harassment?

The California policy against sexual harassment mandates zero tolerance for sexual misconduct in the workplace and holds employers accountable for maintaining a safe environment. Under state law, employers must have clear anti-harassment policies, disseminate them to employees, and ensure that complaint procedures are accessible and confidential. Policies must explicitly define sexual harassment, outline the process for filing complaints, and prohibit retaliation against complainants. The California Civil Rights Department (CRD) enforces these policies and ensures compliance across the state.

Laws and statutes addressing workplace sexual harassment in California

The Fair Employment and Housing Act (FEHA) and California Civil Code 51.9 are the key statutes addressing workplace sexual harassment. FEHA governs employer responsibilities, while Civil Code 51.9 applies to specific professional relationships, including those in the workplace. Both laws work in tandem to provide remedies to victims, such as compensation for damages and legal protection from future retaliation. Employers are obligated to prevent harassment, investigate complaints, and take immediate corrective action when harassment occurs.

When is sexual harassment considered a crime in San Diego, CA?

When the behavior involves physical assault, stalking, or other forms of harassment that violate criminal statutes, it is considered a crime. For instance, actions such as sexual battery, threats, or severe stalking can lead to criminal charges in addition to civil liability. Victims can file a report with local law enforcement, such as the San Diego Police Department, if the harassment escalates to this level. Criminal cases operate separately from civil complaints, but both may result in legal consequences for the perpetrator.

Remedies available to victims of sexual harassment at work

Victims of workplace sexual harassment in San Diego have several remedies under California law, including:

• Filing a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) 
• Pursuing compensation for damages, including emotional distress, lost wages, and legal fees
• Requesting reinstatement or changes to work assignments if harassment affected job roles
• Securing injunctive relief to prevent further harassment
• Filing a civil lawsuit against the harasser and/or employer

The Fair Employment and Housing Act (FEHA) empowers employees to take legal action when their rights are violated, offering victims multiple pathways to seek justice.

What to do if you are a worker victim of sexual harassment in San Diego, CA?

If you are a victim of workplace sexual harassment in San Diego, CA, it is essential to take immediate action to protect your rights. Documenting the harassment, including dates, times, and specific incidents. Report the behavior to your employer or HR department in accordance with company policies. If your employer fails to address the issue, you can file a formal complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).

Consulting with an experienced San Diego employment attorney, like those at Mara Law Firm, can provide valuable guidance. We can help you understand your legal options, navigate the claims process, and advocate for your rights.

Contact Mara Law Firm Today for Help

At Mara Law Firm, we fight for workers’ rights and provide expert legal support for workplace harassment cases. Contact us at 619-234-2833 or visit us at 2650 Camino Del Rio N, Suite 302, San Diego, CA 92108.