California Workplace Sexual Harassment Lawyers

In California, employees are protected from workplace sexual harassment under both state and federal laws. The primary state law is the California Fair Employment and Housing Act (FEHA), which provides broader protections than federal laws such as Title VII of the Civil Rights Act. FEHA applies to employers with 5 or more employees and covers all forms of sexual harassment, including both quid pro quo harassment and hostile work environment harassment.

Key Rights Under FEHA Against Sexual Harassment

• Protection from Harassment: FEHA prohibits sexual harassment in the workplace. This includes any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
• Employer Responsibility: Employers are required to take reasonable steps to prevent and promptly correct any instances of sexual harassment. This includes implementing and enforcing effective anti-harassment policies, providing training to all employees, and conducting thorough investigations of any complaints.
• Harassment by Anyone: Sexual harassment protections cover conduct by supervisors, co-workers, and even third parties like clients or vendors. Employers may be liable for failing to address known harassment by these third parties.
• No Retaliation: Employees are protected from retaliation if they complain about sexual harassment, participate in any investigations, or testify in any proceedings related to sexual harassment.

Examples of Workplace Sexual Harassment

• Example 1: A supervisor makes repeated, unwelcome sexual comments to an employee and implies that the employee’s refusal to enter into a romantic relationship could affect their job performance reviews. This constitutes quid pro quo sexual harassment.
• Example 2: An employee frequently faces lewd jokes and comments from coworkers about their appearance and sexual orientation. Despite complaints to HR, the behavior continues. This situation could be classified as a hostile work environment based on sexual harassment.
• Example 3: A client repeatedly makes inappropriate physical contact with an employee during business meetings. The employer, upon learning of this, fails to take steps to protect the employee or address the client’s behavior. This negligence could lead to employer liability for third-party sexual harassment.
• Example 4: An employee is sent unsolicited and explicit images by a coworker via company email. The employee reports this to their supervisor, but no action is taken. This lack of response can be seen as a failure by the employer to address sexual harassment.

California’s robust laws and regulations ensure comprehensive protections for employees against sexual harassment, emphasizing a commitment to maintaining safe and respectful workplaces.

We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. While legal cases can be lengthy and complicated, we will guide you through every step of the process, making sure you understand your options and can achieve a result you’ll be happy with.