Going to work can sometimes be a source of stress and anxiety, which should not be the case. It can be a scenario where an employee is subjected to harassment due to hateful remarks, unwanted attention or even some other type of unprovoked behavior. Well, that is not going to happen in California, as the locals have strong laws that favor the employees and protect them from any kind of harassment. In this blog, we will look at how these laws address harassment at work, California, and what steps employees can take to protect their rights.
What is workplace harassment?
When an individual engages in certain behaviors or activities that single out an employee or colleague, that is basic harassment, and it can happen in a number of ways. This can include unintentionally inappropriate words, bullying, or discouragement from getting a job opportunity based on your race, gender identity, religion, age, disability, or any other discriminated trait.
Examples of workplace harassment are:
- Using foul or discriminatory language in the workplace
- Improper touching, pushing, or any verbal threats.
- Disseminating objectionable pictures or films
- Sexual harassment, including unwelcome advances or inappropriate remarks
The California Fair Employment and Housing Act (FEHA) disallows workplace harassment against employees based on any of their personal attributes. In this context, law imposes on all employers an active duty to take preventive measures and deal with the issue of harassment that occurs in the workplace.
How California Laws Protect Employees from Workplace Harassment
1. Comprehensive Protection Under FEHA
The Fair Employment and Housing Act (FEHA) is one of the most powerful tools for fighting workplace harassment in California. It protects employees from harassment based on:
- Race
- Gender or gender identity
- Religion
- Age (over 40)
- Disability
- Sexual orientation
- Marital status
- National origin
The law is applicable to all workplaces that have five or more employees. As such, it seeks to maintain that all available workplaces, regardless of size, will adhere to 'no-harassment regulations.'
2. Employer Responsibilities
In California, an employer cannot ignore complaints of harassment. They are expected to take the following actions:
- Conduct awareness programs on anti-harassment.
- Respond to probes on allegations of harassment bearing full responsibility.
- Act decisively to end occurrences of harassment and prevent them from recurring.
If an employer fails to address harassment at work, California law allows employees to take legal action.
3. Retaliation is Illegal
California law also protects employees from retaliation. If you report harassment or participate in an investigation, your employer cannot punish you. Retaliation can include being fired, demoted, or given less desirable assignments. If this happens, you have the right to take legal action.
Steps to Take if You're Harassed at Work
In case you are faced with harassment in the workplace, you should do the following to stay safe:
1. Document the Harassment
Make sure to document what happened and when, where it occurred, and who was present. Retain hostile emails, messages, or letter communications as copies. This record will prove vital in the event of you deciding to take legal action seeking redress.
2. Report the Harassment
Report such harassment to the employer or to the Human Resources HR department. Most companies have policies in place for handling these complaints. Write down the complaints to be filed, as this ensures there is record-keeping.
3. Know Your Rights
Under harassment at work California laws, one is entitled to a harassment-free environment. It is the duty of the employer to look into the accusations that you raise in good faith and ensure that all measures are taken to remedy the situation If not, they risk being prosecuted in court.
- Seek Legal Help
In the event the harassment persists or your employer takes adverse action against you, it is time to consult a lawyer. A lawyer specialized in harassment at work, California's will assist you in making your case and protect your rights through the entire process.
Filing a Harassment Claim in California
Employers who disregard workplace harassment should expect that an employee will file a complaint with the California Department of Fair Employment and Housing (DFEH). It is the responsibility of the DFEH to investigate claims of workplace harassment. In most cases, the DFEH will attempt mediation before taking any more drastic steps.
If you are faced with this situation, it is advisable to seek legal representation. Legal representation will assist in acquiring all pertinent information, filling out all forms, and most importantly, protecting an individual during the investigation.
Conclusion
No individual should be subjected to harassment at the workplace. The existing laws in California, for example, the Fair Employment and Housing Act guarantee the employees against harassment and even retaliation. If you experience harassment, keep a record of the occurrences, report the matter to the superior at the workplace, and seek legal intervention where necessary.
Cummings & Franck, P.C. believes that every employee has a right to fight for their rights and will not condone workplace harassment. If you have suffered harassment at work, California, we are ready to assist you. For more information or to contact an attorney for this specific case, dial (213) 995-6132 or email lee@cummingsandfranck.com. You don't have to face workplace harassment alone—know your rights and take action.
