Harassment in the workplace is a serious issue, and California law provides specific definitions and protections against it. Understanding what constitutes harassment legally is essential for both employees and employers to ensure a safe and respectful working environment. This blog delves into the legalities surrounding harassment in California.
If you believe you have been the victim of workplace harassment, contact PLBH at (800) 435-7542 for a legal consultation.
The Scope of Harassment Under California Law
Harassment is defined as unwelcome conduct based on certain protected characteristics. These characteristics include race, religion, gender, sexual orientation, age, disability, and more. Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or when the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Different Forms of Harassment
Harassment can manifest in various forms. It may be overt, such as making derogatory comments or jokes about someone’s race or gender. It can also be subtle, like repeated unwelcome gestures or remarks that create an uncomfortable work environment. Sexual harassment, a common form of harassment, includes unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
The Significance of ‘Severe or Pervasive’
For harassment to be actionable under the law, it must be either severe or pervasive. This means that a single incident can be enough if it’s severe, such as physical assault or a threat. If the harassment is less severe, it must be repetitive or pervasive enough to create a hostile work environment. This criterion ensures that the law covers serious misconduct without encompassing trivial or isolated incidents.
Employer Liability for Harassment
Employers can be held liable for harassment in the workplace. If an employer knows about the harassment and fails to take adequate action to prevent or stop it, they can be legally responsible. This liability extends to harassment by employees, supervisors, clients, or customers. Employers are encouraged to implement anti-harassment policies and training to mitigate such risks.
Reporting and Addressing Harassment
Employees who face harassment should report the matter to their employer, human resources department, or a designated complaint officer. Employers are required to investigate these complaints and take appropriate action to resolve them. Failure to address complaints adequately can lead to legal consequences.
Legal Recourse for Victims of Harassment
Victims of harassment have legal recourse under California law. They can file a complaint with the Department of Fair Employment and Housing (DFEH), which will investigate the matter. If the DFEH finds evidence of harassment, they can facilitate a resolution or issue a right-to-sue notice, allowing the victim to file a lawsuit.
The Role of Legal Professionals
Navigating the complexities of harassment laws can be challenging. Victims or employers seeking guidance can benefit from consulting with legal professionals. Law firms like PLBH specialize in employment law and can provide expert advice and representation. For legal support, you can contact PLBH at (800) 435-7542.