|
Listen to this Article
 |
Experiencing sexual assault at work can be devastating. For some survivors, a legal claim can serve as a powerful way to get justice and closure. In California, workers can bring sexual harassment claims under both state and federal laws. But which California law protects workers from sexual harassment?
State law protections against harassment in the workplace come from the Fair Employment and Housing Act (FEHA). Additionally, the Civil Rights Act provides federal protection against workplace sexual harassment and discriminatory conduct.
When you face sexual harassment or assault in the workplace, you deserve to have a strong advocate on your side. An attorney from the California Civil Rights Law Group helps you pursue compensation to hold responsible parties accountable. Contact us to speak to a sexual harassment lawyer from our team to discuss your situation today.
The Legal Framework Behind Workplace Harassment Protections in California Law
The legal framework for sexual harassment laws comes from civil rights principles. The underlying concept for both state and federal sexual harassment laws is that sexual harassment is a form of discrimination against someone based on a characteristic they cannot control.
Thus, sexual harassment is a type of discrimination targeted at someone because of their sex or a characteristic of their sex, including the following:
- Gender
- Gender identity
- Gender expression
- Sexual orientation
- Marital status
- Pregnancy
These protections are expansive. Both federal and state laws cover sexual harassment in the workplace by someone of the same sex or opposite sex.
You do not need to prove that the harasser had a sexual desire to establish a claim. Sex-based animosity can also underlie the harassment. In fact, the harasser’s motivation is often irrelevant if you can prove that you were subjected to unfair treatment because of your sex. In this respect, employers are strictly liable for discriminatory acts that they know about.
Understanding the Fair Employment and Housing Act: Expanded Protections and Coverage Standards
FEHA includes three specific restrictions that enable sexual harassment claims in California. First, the law prohibits employers from discriminating against employees based on an employee’s sex or sex-based characteristics.
This restriction prohibits employers from considering these characteristics in the terms, conditions, or privileges of employment, including the following areas:
- Hiring or firing
- Setting wages
- Training
- Promoting or demoting
Second, California law prohibits employers from engaging in harassing conduct against workers based on their sex or sex-based characteristics. This restriction prohibits employers from creating a hostile work environment through any of these forms of sexual conduct:
- Engaging in physical conduct, such as touching or committing sexual assault
- Bullying
- Making comments or jokes of a sexual nature
- Asking for sexual favors
- Making unwelcome sexual advances
Third, a violation occurs when an employer fails to take reasonable measures to prevent workplace sexual harassment or discrimination. This requirement is key to claims against business entities because your attorney might not be able to prove that the company’s owners or managers participated in or enabled the harassment or discrimination.
However, they may be able to prove that the employer knew or should have known about the harassment or discrimination but failed to do anything to stop or prevent it.
Employer Accountability: Liability Standards, Policies, and Mandatory Training in California Sexual Harassment Laws
Generally, employer liability for sexual harassment in California does not depend on the harasser’s intent. Instead, you only need to show, by a preponderance of the evidence, that the conduct toward you was based on your sex or sex-based characteristics, resulting in discrimination or a hostile work environment.
There are two underlying policies. First, the state effectively cuts off any defense that the harasser subjectively meant no harm or was just “raised in a different time.” As long as the harasser’s behavior would have offended a reasonable person, it qualifies as harassment regardless of their intent.
Additionally, imposing strict liability means that employers must take all measures, not just reasonable ones, to find and prevent sexual harassment. In other words, by making employers strictly liable for harassment, the state blocks the employer from defending itself by arguing that it took reasonable steps to take corrective actions.
It’s important to note that California’s sexual harassment laws adopt a preventive approach. Employers with five or more workers must provide sexual harassment prevention training. If a company fails to meet the sexual harassment training requirement, workers can file a complaint with the California Civil Rights Department.
Moreover, California protects you from retaliation for filing a complaint or testifying in support of someone else’s complaint. An employer commits retaliation for sexual harassment in California when they take adverse employment action against you for reporting harassment.
Filing and Timing: Administrative Complaints, Federal Coordination, and Legislative Updates
The California Civil Rights Department handles administrative investigations and complaints about parties who have violated FEHA. In non-employment cases, you have one year to file a complaint, but this step is not required prior to filing a lawsuit.
In employment cases, you have three years to file a complaint (formerly called a DFEH sexual harassment complaint in California). While a complaint is not required to sue your employer, you are required to obtain a Notice of Right to Sue before filing the lawsuit.
The FEHA harassment complaint process in California includes the following steps:
- Submit an intake form to the California Civil Rights Department
- Attend an intake interview with a Civil Rights Department representative
- Receive an evaluation of your potential claim from the Civil Rights Department
- Decide whether to initiate a complaint against your employer
If you initiate a complaint, the department will investigate your case and attempt to resolve it through mediation or litigation. If you choose not to proceed with a complaint, you would request a Notice of Right to Sue from the department so that you can file a civil lawsuit against your employer.
The process for a lawsuit under federal law is slightly more drawn out. Again, you must start your case by filing with the federal Equal Employment Opportunity Commission (EEOC). The filing for an EEOC sexual harassment claim in California is called a “charge.”
Under the federal system, you can wait for the investigation before filing a lawsuit or request an early Notice of Right to Sue. Unlike California’s system, the notice is not granted automatically. Instead, the EEOC only grants an early Notice of Right to Sue in two circumstances.
You can request a notice if more than 180 days have passed since you filed your charge. Alternatively, you can request a notice in less than 180 days after filing your charge, but the EEOC will only grant it if it cannot complete the investigation within 180 days.
In many cases, your best option is to file claims asserting violations of both state law and federal law. Although FEHA generally provides broader protections than federal civil rights laws, you give yourself the best chances of success with multiple claims because they give you the broadest coverage.
Moreover, both laws have been interpreted by courts. Your particular circumstances might fall more squarely into cases decided under one or both laws. Filing under both systems might increase your chances of success.
Legislation in this area is constantly evolving. For example, protections for gender expression and transgender identity are recent additions to the areas covered by these laws. You should contact a lawyer when you experience employment-based sexual harassment to determine how the law could apply to your specific situation.
Building a Strong Claim: Evidence Preservation and Pattern Proof
Sexual harassment claims in California generally fall into two categories: quid pro quo harassment and hostile work environment harassment.
Quid Pro Quo Harassment
California sexual harassment FEHA protections protect you from quid pro quo harassment. “Quid pro quo” means “this for that.” Quid pro quo harassment in California occurs when someone in your workplace explicitly or implicitly requests sexual favors in exchange for some benefit in the workplace.
This type of employment discrimination falls squarely within the scope of FEHA and federal antidiscrimination laws. Again, the other person’s intent is irrelevant. You only need to prove that a reasonable person would interpret the other person’s conduct to seek or impose a quid pro quo. This can take a few forms.
The other person might have explicitly or impliedly threatened to withhold an employment-related benefit if you refused to engage in a sexual act or a dating relationship. For instance, your boss might have threatened to include you in the next round of layoffs if you didn’t have sex with them.
Another possibility is when the other person promised a benefit in exchange for sex. An example of this type of harassment occurs when a supervisor promises a raise if you go out on a date with them. The benefit can be promised or implied.
You can also establish this type of harassment by showing that the other person asked for a sexual act or a dating relationship and took an adverse action against you when you refused. For example, if you were fired, you might have a claim for sexual harassment or wrongful termination in California.
The evidence you use to prove this type of harassment can include testimony and written documents. Your testimony, as well as your emails and text messages, can support your version of what occurred.
Eyewitnesses can also testify about what they saw or heard. Finally, a pattern of conduct in which the boss or supervisor did the same thing to others may help you prove your case.
Hostile Work Environment Harassment
The second type of discrimination claim is called a “hostile work environment” claim. Hostile work environment sexual harassment in California doesn’t require any quid pro quo. Instead, this type of claim involves bullying or harassment for its own sake rather than to obtain anything from the other person.
You don’t need to prove that the other person held any animosity or hatred toward you to establish that your work environment was hostile. Other people’s motivations are often difficult to discern. Moreover, they may have mixed reasons for their conduct.
You will need to show, though, that the conduct was so pervasive or outrageous that it was not innocent, off-handed, or isolated. For example, complimenting you on your appearance might seem off-putting, but it might not constitute sexual harassment unless it crosses a line that a reasonable person would find appropriate or continues after you complain about it.
On the other hand, repeated sexual advances, lewd comments, sexual jokes, or other inappropriate conduct might create a hostile work environment. There is no formula for determining when someone else’s conduct is inappropriate.
Factors such as how long the conduct occurred, the inappropriateness of the conduct, and the frequency of the conduct will be key. Conduct that occurs more frequently, lasts over a longer period, or is more lewd is more likely to create a hostile work environment.
Remedies, Litigation Strategy, and Practical Guidance for Employees
California sexual harassment claims are usually resolved without litigation. Companies are often fearful of the reputational damage they will suffer if they lose a sexual harassment lawsuit. Harassers also often have a pattern of bad behavior, and one claim might signify many other potential claims. As a result, many cases are resolved through a settlement agreement.
However, you cannot count on a settlement when you begin your sexual harassment case. It’s essential to take these steps for the best results:
- Thoroughly document the alleged harassment
- Identify potential witnesses
- Discuss how to file a sexual harassment claim in California with an experienced sexual harassment lawyer
- Contact the employer through your lawyer to report harassment and request remedial measures
If the employer fails to remedy your situation, you can then file any required complaints and charges under state and federal law. This move proves your seriousness to your employer. Depending on the employer’s response, you may need to seek a right-to-sue notice so that you can file a lawsuit to enforce your FEHA sexual harassment rights.
The remedies in these cases can include actual damages and reinstatement. The actual damages in sexual harassment cases address any wages or concrete employment benefits you lost due to the harassment, as well as any pain and suffering you experienced.
Contact California Civil Rights Law Group to Discuss Your Sexual Harassment Case
Sexual harassment cases can be complex, and employers often seek to blame the victim to protect their reputations. Fortunately, California provides strong safeguards for employees who experience harassment.
A workplace sexual harassment attorney in Los Angeles from California Civil Rights Law Group can fight for you at every step. Contact us to get started today.
