Understanding Anti Harassment Policies in California

A safe and respected work and social environment must include measures to prevent sexual harassment. To address and prevent sexual harassment, California has numerous laws and regulations in effect. Here are some key measures:

1. FEHA: The Fair Employment and Housing Act (FEHA) of California, which is applicable to companies with five or more employees, forbids sexual harassment in the workplace. It forbids unwelcome sexual advances, requests for sexual favors, and any sexually suggestive verbal, nonverbal, or physical behavior.
2. Mandatory Sexual Harassment Prevention Training: Under California law, firms with five or more workers must give sexual harassment prevention training to all employees in supervisory positions within six months of their appointment. The training must be repeated every two years.
3. Expanded Liability for Employers: California law holds employers responsible for any sexual harassment committed by their employees, whether or not they were aware of the harassment. Upon receiving complaints, employers are required to take prompt and suitable corrective action.
4. Reporting and Investigation: Employers must set up a clear procedure for employees to report allegations of sexual harassment. Confidentiality should be guaranteed, there should be several channels for reporting, and complaints should not be subject to reprisal. Employers are required to promptly and thoroughly investigate all complaints.
5. Whistleblower Protection: California law protects employees from retaliation when they report sexual harassment. Employees who experience retaliation can file a complaint with the California Labor Commissioner’s Office.
6. Posting Requirements: Employers are required to put posters in a visible area of the workplace that explain how to report complaints, how to prevent sexual harassment and the rights of employees.
7. Civil Remedies: Sexual harassment victims in California have two options: they can submit a complaint with the Department of Fair Employment and Housing (DFEH) or initiate a civil lawsuit. Remedies may include compensatory damages, punitive damages, and attorney’s fees.

To effectively avoid sexual harassment, it is crucial for both employers and employees to become aware with these rules and regulations. To encourage a harassment-free workplace, employers should foster a culture of respect, put in place strict policies and processes, and offer frequent training. The rights of employees should be understood, and sexual harassment should be reported as soon as possible. If you have been a victim of any form of sexual harassment at the workplace, then consult with an attorney immediately.