Workplace harassment is a serious issue that affects many people in California. The laws in the state are strict when it comes to protecting employees from being mistreated at work. Understanding these laws is important for anyone who works in California, as they help to keep workplaces safe and fair for everyone. Harassment can happen in many different forms, and it is important to know what it is, how the law protects employees, and what someone can do if they are facing harassment. At, The Myers Law Group, APC, we are here to guide you through the legal process and help you navigate the complexities of your case.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
What is Workplace Harassment?
Workplace harassment is when someone is mistreated at work based on certain personal traits. It can include things like comments, jokes, or actions that make a person feel uncomfortable, scared, or unwelcome at their job. The law in California covers several types of harassment, including harassment based on race, gender, age, religion, sexual orientation, and disability. Harassment can happen in many different ways. It could be a coworker making offensive jokes, a boss asking for sexual favors in return for job benefits, or even someone trying to intimidate or bully another person. This type of behavior creates a hostile work environment and makes it hard for people to do their jobs.
Types of Harassment Recognized in California
California law recognizes several different types of workplace harassment. One common type is sexual harassment, which involves unwanted advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This could be anything from inappropriate touching to making lewd comments or sharing offensive pictures. The law also recognizes racial harassment, which happens when someone is mistreated because of their race or ethnicity. This could include slurs, offensive jokes, or comments about someone’s background. Another type of harassment is based on gender identity or sexual orientation. People should feel comfortable and safe at work, no matter who they are or how they identify.
Other types of harassment include discrimination based on religion, disability, or age. California law protects people of all ages from harassment, but it is especially focused on preventing mistreatment of older employees. No matter what kind of harassment is happening, the law is clear that such behavior is not acceptable and should be stopped.
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I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
The Legal Protections for Employees in California
California has some of the strongest laws in the country when it comes to protecting employees from workplace harassment. The state’s laws go beyond federal protections, offering extra security for workers. One of the main laws that protect employees is the California Fair Employment and Housing Act (FEHA). This law makes it illegal for employers to harass employees based on their personal traits like race, gender, sexual orientation, religion, and more. Under FEHA, employers are required to take steps to prevent and correct harassment in the workplace. If an employer fails to do so, they can be held legally responsible.
In addition to FEHA, California has other laws that help protect employees from being mistreated. For example, the California Civil Rights Act gives people the right to work in a harassment-free environment. This law helps to ensure that workers have a safe and respectful place to work. Employers must also provide training to their employees about harassment and how to prevent it. This training helps people understand their rights and how to stop harassment if it happens.
How Employers Must Address Harassment
Employers in California have a responsibility to take action if harassment is happening at work. They must provide a safe workplace for their employees, which means preventing harassment from occurring in the first place. Employers must have clear policies in place that explain what harassment is and what employees should do if they experience or witness it. These policies must be shared with all employees, and employers should make sure everyone understands them.
If an employee reports harassment, the employer is required to investigate the situation and take steps to stop the behavior. This could mean disciplining the person who is harassing others or making changes in the workplace to prevent further issues. Employers are also required to provide training to employees and managers on how to prevent and handle harassment. This training helps create a better understanding of the issue and makes it less likely for harassment to happen.
Steps Employees Can Take if They Are Harassed
If someone experiences harassment at work, it is important to take action right away. The first step is usually to report the behavior to a supervisor or the human resources department. Most companies have procedures in place for handling harassment complaints, and employees should follow these steps. If the employer does not take action or if the harassment continues, the employee can file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH investigates claims of harassment and can take legal action if necessary.
Sometimes, employees may also have the option of filing a lawsuit against the employer. This is more common if the employer has not taken steps to stop the harassment or if the situation is especially severe. In these cases, it is important to work with a lawyer who understands California’s harassment laws and can help guide the employee through the legal process.
Retaliation Is Also Illegal
In addition to preventing harassment, California law also protects employees from being punished for reporting harassment. This is known as retaliation, and it is illegal for employers to fire, demote, or otherwise punish someone for speaking up about harassment. If an employee is facing retaliation, they can file a complaint with the DFEH or take legal action against their employer. It is important for employees to know that they have the right to speak up without fear of losing their job or being treated unfairly.
How California’s Harassment Laws Have Changed Over Time
California’s laws on workplace harassment have become stronger over the years. Lawmakers in the state have passed new laws and updated old ones to give employees even more protection. For example, in recent years, the state has expanded protections for people who work for smaller companies, so that even businesses with fewer employees must follow the rules against harassment. California has also made changes to how sexual harassment cases are handled. The #MeToo movement helped bring attention to the problem of sexual harassment in the workplace, leading to new laws that make it easier for victims to come forward and get justice.
Another important change is the requirement for employers to provide more training. Previously, only larger companies had to provide training on harassment, but now smaller businesses must also educate their employees on the issue. This helps create a safer environment for everyone and makes it harder for harassment to go unnoticed.
Why Workplace Harassment is a Serious Problem
Workplace harassment is not just a problem for the person being harassed. It can affect the entire workplace. When harassment goes unchecked, it creates a hostile environment that makes it difficult for people to do their jobs. It can also lead to low morale, higher turnover, and even legal problems for the company. Employers who do not take steps to prevent and stop harassment can face fines, lawsuits, and damage to their reputation.
For employees, being harassed at work can be devastating. It can cause stress, anxiety, and other emotional problems. In some cases, it can even affect a person’s physical health. That is why it is so important to take harassment seriously and to make sure that everyone knows their rights and how to protect themselves.
Workplace harassment is a serious issue that affects many employees in California. The laws in the state provide strong protections to ensure that workers are treated fairly and can do their jobs without fear of being mistreated. From the California Fair Employment and Housing Act to the protections against retaliation, employees have many tools to protect themselves from harassment. Employers also have a responsibility to take action to prevent harassment and to address it when it happens.
If you or someone you know is facing harassment at work, it is important to speak with a legal professional who understands California’s laws. The Myers Law Group, APC, is here to help you navigate these complex issues and protect your rights. Our experienced team can assist you in understanding your options and guide you through the process of seeking justice. Contact The Myers Law Group, APC, today for compassionate and skilled representation.