Sexual Harassment Is Not Tolerated In California Workplaces
Sexual harassment can take many forms. In the state of California, a person is considered to be harassed for reasons of a sexual nature if they experience harassment because of gender, pregnancy, childbirth, associated medical conditions and more. According to regulations written by the Department of Fair Employment Commission (FEHC), sexual harassment is also any undesired sexual advance. It can happen through conduct that is physical, visual, verbal or anything that is sexual in nature. In California, this behavior is not acceptable. There are steps that can be taken to prevent it from occurring or stop it once the sexual harassment has happened. A victim may be entitled to various forms of compensation for their damages.
Responsibilities Of Employers
Employers in California are not permitted to sexually harass employees in a work environment. Should sexual harassment happen, the employer may be held responsible even if the company's management did not know about the harassment. If the person who sexually harasses another worker is not a member of management, the company's management did not know of the harassment, and the company had a program in place to stop harassment, an employer might not be held liable. A company may avoid responsibility if immediate was action and it made necessary corrections to end the harassment once discovered. Employers in California can also be held responsible for any sexual harassment by their agents or supervisors. Under the law, a company is responsible for taking all reasonable steps to make certain such harassment does not occur in the work environment they create. Even if a victim is not denied any employment opportunities or does not experience loss of pay or benefits, they may still be eligible for monetary damages.
Training
All employees should receive a copy of the Department of Fair Employment and Housing (DFEH) pamphlet titled “Sexual Harassment is Forbidden by Law.” It is pamphlet DFEH 185. A company is responsible for making certain that all of their employees are aware of the implications of violating the sexual harassment policy. All individuals in a supervisory role have to be properly educated about their responsibilities when it comes to following the sexual harassment policy. All non-management employees need to know they are forbidden from using peer pressure to prevent a victim from engaging in the company's internal grievance program. All companies who have over 50 employees are required to provide a minimum of two hours of classroom training regarding sexual harassment to their employees who are working in supervisory roles. Once this is completed, individuals working in a supervisory capacity must receive sexual harassment training and education once every two years.
Types Of Sexual Harassment Violations
A person can be guilty of sexual harassment if they engage in unwanted sexual advances with another person in the workplace. Should a person offer employment opportunities for sex, this is sexual harassment. It can happen if someone is turned down from a sexual advance and makes threats against their intended victim. Verbal abuse, visual conduct, verbal advances of a sexual nature are all considered sexual harassment. It can even take the form of derogatory comments, jokes, slurs as well as graphic verbal commentaries about a person's body. Any type of unwanted touching, physical behavior, blocking movements and more are all considered sexual harassment.
Sexual Harassment Situations
California law generally covers sexual harassment occurrences when they happen at the workplace or during a professional relationship. This type of harassment could happen between the victim and their therapist, a lawyer and their client, doctor, and their patient.
Sexual Harassment Complaints
When a person feels they have been the victim of sexual harassment, they have up to a year to report this conduct to the Equal Employment Opportunity Commission (EEOC) or the DFEH. Should the sexual harassment have taken place over an extended period of time, a victim may be eligible to report it under the continuing violation doctrine. This may apply to a victim if the sexual harassment continues past the limitation period.
Recoverable Damages
When an employee sues their employer for sexual harassment, they may be able to recover for damages. This will be for any psychiatric and medical expenses, previous as well as future loss of income and more. They can also receive compensation in the form of punitive damages and for emotional distress. To receive compensation for punitive damages, there are certain things a victim must be able to prove. They must show an employer hired or maintained employment for a harassing individual knowing of their behavior. The employer had a conscious disregard for the rights and safety of others in the workplace. They permitted or in some way validated the sexual harassment. The spouse of a victim may be able to sue for loss of consortium This is when a spouse is unavailable to their marriage partner because of the injuries they suffered. A spouse can get compensation for losing comfort, care, and society as a result of their partner's injuries from sexual harassment.
Enforcement of Sexual Harassment Laws
Once a person files a complaint for being sexually harassed with California's FEHC, an investigation will be started. The Department will then gather all the details surrounding the complaint and attempt to resolve the dispute. After the investigation is complete, evidence of sexual harassment may be discovered and attempts to reach a settlement may fail. The Department may then file a formal accusation of sexual harassment against the company and the harasser. The formal accusation could be heard before the Fair Employment and Housing Commission. A lawsuit could be filed by the Department if it is clearly demonstrated that sexual harassment happened within the company's work environment. The Fair Employment and Housing Commission can order a company to pay fines of up to $150,000. An additional amount may be taken from the employer for the emotional distress caused by every sexual harasser. The Commission could also order a change in a company's policies and practices. It could also demand a company provide back pay, training as well as promotions for victims.
