What constitutes harassment in the workplace under California Law?

Verbal Harassment:

• Derogatory comments, slurs, or epithets.
• Unwanted sexual advances, propositions, or comments.
• Mocking or mimicking an accent or speech pattern.

Physical Harassment:

• Unwanted touching or physical interference with normal work movement.
• Physical assault or threats of violence.
• Intimidating gestures.

Visual Harassment:

• Displaying or circulating offensive posters, cartoons, drawings, emails, or social media posts.
• Sending inappropriate pictures or videos.

Sexual Harassment:

• Quid pro quo harassment, where employment decisions depend on submission to sexual advances.
• Hostile work environment created by unwelcome sexual behavior or conduct.

Protected Characteristics

• Harassment is illegal if it is based on the following protected characteristics:
• Race or color
• National origin or ancestry
• Sex or gender (including pregnancy, childbirth, and related medical conditions)
• Sexual orientation
• Gender identity or gender expression
• Religion
• Age (40 and older)
• Physical or mental disability
• Medical condition
• Genetic information
• Marital status
• Military and veteran status

Examples of Harassment

• Making racist or sexist jokes or comments.
• Insulting or mocking someone’s religion or cultural practices.
• Repeatedly asking someone on a date after they have declined.
• Displaying offensive material related to a protected characteristic.
• Making unwelcome comments about a person’s body or clothing.
• Intimidating or bullying someone because of their disability.

Legal Standards: Severity or Pervasiveness:

• The conduct must be severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
• A single, severe incident (such as a physical assault) can constitute harassment, while less severe but repeated actions may also meet the threshold.
• Unwelcome Conduct: The behavior must be unwelcome or unsolicited by the recipient.
• Impact on Work Environment: The harassment must interfere with the employee’s work performance or create a hostile or offensive work environment.

Employer Liability

• Employers are required to take reasonable steps to prevent and correct harassment.
• Employers can be held liable for harassment by supervisors, co-workers, and even non-employees (such as clients or customers) if they knew or should have known about the harassment and failed to take appropriate corrective action.

Reporting and Remedies

• Employees who experience or witness harassment should report it to their employer according to the company’s harassment policy.
• Remedies for harassment can include reinstatement, back pay, compensation for emotional distress, punitive damages, and attorney’s fees.

Training Requirements

• California law requires employers with five or more employees to provide harassment prevention training to all employees.
• Supervisors must receive two hours of training, and non-supervisory employees must receive one hour of training every two years.