San Francisco Bay Area Employment Law Blog

At a time when many people in California are thinking about putting off retirement or finding a job due to fear of a lower standard of living, it appears that employers are looking for ways to maintain a younger workforce. Not only that, according to a study reported in Forbes magazine, women in their 60s who were applying for jobs had significantly lower chances of getting an interview than younger or middle-aged women, and they were also less likely to be called back than men of the same age.

Discrimination against anyone in the hiring process due to age is against the law, AARP explains, due to the federal Age Discrimination in Employment Act. Advertisements and job postings should not indicate that the company prefers to hire people of a certain age, although in some cases it may be acceptable to include questions about birth or graduation dates on an application.

California staunchly protects workers’ rights; the state has some of the toughest antidiscrimination laws in the country. If you worked in a company that has 15 or more employees, you are probably familiar with laws enforced by the Federal Equal Employment Opportunity Commission (EEOC).

However, if you are now working for a much smaller company as one of only five employees, for example, are you still protected under the law if you have become the target for sexual harassment?

For many people in the San Francisco Bay Area, the effects of workplace harassment do not end in the workplace. They often permeate into their lives, affecting their physical and emotional health, personal relationships and overall quality of life. According to MedicalDaily.com, “45 percent of workplace harassment victims experience health issues from the stress of their situations. 

Workers who are victimized often become easier targets for future harassment incidents. They are not the only ones who suffer when harassment is going on. Witnesses of workplace harassment often experience high levels of stress and fear, states Halogen Talent Space. 

If you are a California business owner, you have probably thought extensively about preventative measures for protecting your employees. Policies addressing workplace violence, discrimination and safety protocols may be some of the topics you have considered. Sexual harassment is another complicated issue that is often avoidable with the right protocols in place.

The U.S. Equal Employment Opportunity Commission provides employers like you with several steps that can be taken to encourage respectful behavior and immediately rectify actions that are not acceptable. These include the following:

• Anti-harassment policy: Begin by creating an anti-harassment policy that clearly outlines your expectations for appropriate and acceptable behavior. Inform violators that they cannot retaliate against anyone who has filed a complaint against them.
• Confidential hotline: Create a hotline or some type of confidential system for reporting complaints. Doing so will provide victims with a place where they can safely and confidently report what has happened without public humiliation or embarrassment.
• Disclosure and education: Talk to each of your employees about the company anti-harassment policy and clarify their full understanding. Encourage employees to utilize hotlines and other resources designed for full, confidential disclosure of concerning behavior.
• Trainings: Provide supervisors and managers with informative trainings designed to educate them about the types of questionable activity to watch for. You should also verify that each department has an anti-harassment policy printed and posted in a noticeable place.