Here are the key elements that constitute workplace harassment under California law:
Types of Harassment
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 someoneโs 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 employeeโs 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.
