Workplace Harassment California: Prevention Guide

California workplace harassment prevention guide covering FEHA standards, harassment types, reporting timelines, and fair investigations for employers. Highlights required training, complaint response steps, documentation, and discipline practices to curb hostile workplaces and limit legal risk.

By Brad Nakase, Attorney

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Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. How State Law Identifies Workplace Harassment in California

3. Various Forms of Harassment at Work

4. Appropriately Addressing Sexual Harassment

5. Steps Companies Need to Implement to Prevent Workplace Harassment in California

6. Toxic Work Environment: Steps to Correct It

7. Undertaking a Fair Employment & Housing Investigation

8. Worker Protection From Harassment: A Review of the Federal Regulations

Introduction

Whether you’re a proprietor of a small company, franchisee, or staffing firm, this guide will offer you everything you need to cope with discrimination prevention & harassment at work in California. It is your responsibility as the company’s educator to ensure that your employees have the necessary resources. If you lack the necessary training, lawsuits may force your business to close.

You will learn how to handle allegations of workplace harassment, harassing behavior, discrimination, and other illegal behavior in this tutorial. California continues to lead the abuse prevention effort by always upgrading its State legislation to safeguard the people. Other states quickly adopt their high standards. Let’s get started on what you should know.

How State Law Identifies Workplace Harassment in California

Under federal & state legislation, conduct has to be serious or widespread enough to contribute to a hostile work atmosphere. The abusive work environment must affect at least one employee.

#MeToo movement was huge. Numerous businesses & governments reflected on their policies. It was required to take precautions to stop harassment in the workplace.

As we’ll demonstrate in this piece, harassing behavior extends beyond sexual solicitations. There has been an increase in complaints in California over the last several years. They modified some of the laws under the California FEHA (Fair Employment and Housing Act) to stop further contamination.

Various Forms of Harassment at Work

Determining the many types of harassment throughout California is essential. Knowing the distinction between illegal workplace harassment & good conduct is important. You should tackle the matter in a proper manner.

The following are a few instances of harassing conduct that qualify as harassment at work in California:

1. Discrimination/Non-sexual

Religion
National origin
Race
Age
Sexual orientation
Status of immigration
Gender Identity
Mental disability
Veteran status
Marital Status

2. Sexual Harassment

Sexual solicitations
Excessive/widespread contact without consent
Comments that imply sexual favors
Unkind gestures
Leering or giving someone a frightening look
Displaying or mailing sexually suggestive pictures, items, cartoons, and posters
Comments that are humiliating, suggestive, vulgar, or graphic
Quid pro quo regarding sexual misconduct is another manifestation of this conduct. It pressures the target to comply with the sexual approaches from supervisors in exchange for raises, stable employment, or benefits in the firm.

Anything that generates some type of discomfort for an individual or makes them feel insecure at work could come under harassment. We’ll discuss what victims can do in this workplace in the following section.

Appropriately Addressing Sexual Harassment

Corrective action must be implemented as soon as illegal workplace harassment in California occurs. It is important to prevent fines & legal action. Action needs to be taken at the earliest.

A case related to harassment is to be reported within 180 days (federal law). Although state rules differ, California has taken it a step further by granting victims three years to submit a claim.

According to US law, filing a complaint requires the following actions:

Tell anybody in the organization. They could be your superior, executive, or human resources. A formal time stamp may be required in order to file a case.
Make a formal complaint to the Department of Fair Employment & Housing. This step is mandatory.
“Right to Sue” notification. Once the formal complaint is on file, the DFEH will send out these papers. The notification can take an indeterminate time. Some are issued immediately or following an inquiry by the State Department of Fair Employment & Housing. The victim might file a harassment case against the employer or harasser after that.

The victim of workplace harassment in California can reach out to a legal professional for legal counsel at any point in the procedure.

Steps Companies Need to Implement to Prevent Workplace Harassment in California

The best defense against workplace harassment in California is appropriate education within your organization. In California, companies with five or more employees must complete mandatory training.

Every employee in a corporation must complete training on preventing sexual harassment & abusive behavior every two years. It takes two hours for supervisors and one hour for other staff.

The United States Government provides California sexual harassment training pursuant to the State’s statutes on workplace harassment. California, in addition to other states, has made it necessary to take training throughout the new employment process. It’s hard to know whether an employee will be compliant by the deadline because the training they provide is non-trackable. It is not easy to understand all the legal jargon and plain speak for a layman.

Toxic Work Environment: Steps to Correct It

Again, a hostile workplace is one where harassment acts influence their work performance.

Here are measures to improve your organization’s hostile work setting:

Follow up after each complaint is lodged. Provide the victim with a secure location. It is important that they are able to speak & be heard. This will make them feel more at ease.
Compile all the data pertaining to the allegation. If the issue results in legal issues, the outcomes may be significant.
Respect those who come forward with their concerns. It’s essential not to reject them even if their reliability looks dubious.
Provide the staff member with ideas on how to calm down a hostile environment. Tell them to notify management right away if it becomes aggressive. Since investigating can take a while, recommending correct ways of dealing with the perpetrator in the interim can be beneficial.
Call a staff meeting to remind everyone of the company’s stringent policy regarding sexual harassment & hostility. Alert them to the possibility of losing their job.
Examine each complaint. Install security cameras, patrol the floors, and keep an eye on every encounter.
Anyone who displays animosity should be disciplined. Take all necessary action when you witness the behavior. That might be a formal warning, temporary suspension, or termination.

Describe what a continuing pattern of such behavior would bring in terms of consequences and punishments. Workers who may cause future lawsuits should be terminated immediately.

The situation must be handled sensitively if the harasser is a senior member (CEO or administrator). Talk with these individuals about the prospects of the firm & what’s ideal for the brand. Provide a strategy and a list of what needs to happen. More likely, the approach to deal with the conduct will be requiring the harasser to firmly step down, irrespective of the financial consequences.

Undertaking a Fair Employment & Housing Investigation

When handling a complaint, it’s vital to obtain as much data as possible. The DFEH established a procedure to guarantee that suitable investigation is conducted when looking into allegations of workplace harassment in California.

The interviewer needs to conduct a few steps.

Meeting with the complainant face-to-face. This is the initial step.
The individual who has been accused ought to be able to tell you about their perspective of the story. They need to keep the accusations a secret from them. Midway through the interview, information about the claims should be made public. The identity of the accuser and a copy of their written complaint are not required.
Talk to people who are affected by the case. You need to keep the number of people you tell about the problem to a minimum. This is even when there are a lot of people involved. That will help protect the victim’s privacy. Reviewing pertinent documents forms a component of this phase.
Collect all other types of proof. This could involve visiting the location where such allegations happened, obtaining photos, or inspecting security cameras.

Regardless of whatever happens, you must have the complete facts to make an impartial and educated choice to defend the organization.

Worker Protection From Harassment: A Review of the Federal Regulations

Under Title VII of the Civil Rights Act of 1964, which protects against discrimination in employment, any employee is protected from harassment & discrimination. This includes sexual preference, race, religion, identity/gender expression, and country of origin/ancestry. This is applicable to any situation involving the employee, including hiring, firing, training, promotions, and more.

This implies that if a shift leader carries a religious belief, the state and federal legislation will protect the employee if they perceive any reprisal from any co-workers.

The Americans with Disabilities Act (ADA), which was established in 1990 to provide equal chances for individuals with medical issues, is another organization that helps safeguard people against abuse by ensuring fair treatment irrespective of people’s physical status.

This covers everything in the public eye, including job, school, and transportation. Comparable to the Civil Rights Act, persons with disabilities merely want to be considered the same as other people. A person’s genetic information shouldn’t be taken into consideration when employing or promoting someone.

These days, there are a lot of resources available to shield employees from discrimination, harassment, and physical assault. Even if it’s still a war, we continue to cope with it, & believe that justice shall prevail.

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Workplace Harassment California: Prevention Guide

Introduction

How State Law Identifies Workplace Harassment in California

Various Forms of Harassment at Work

Appropriately Addressing Sexual Harassment

Steps Companies Need to Implement to Prevent Workplace Harassment in California

Toxic Work Environment: Steps to Correct It

Undertaking a Fair Employment & Housing Investigation

Worker Protection From Harassment: A Review of the Federal Regulations

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