Dealing with workplace sexual harassment is challenging. Understanding California sexual harassment laws can feel overwhelming. This post clarifies these laws, explaining your rights and options. We'll explore California sexual harassment laws from various perspectives, providing you with the information you need to understand your rights and take appropriate action.

Understanding California Sexual Harassment Laws

California sexual harassment laws provide broader protection than federal laws. Both define sexual harassment as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This behavior creates a hostile work environment.

Types of Sexual Harassment

California law recognizes two main types of sexual harassment:

• Quid Pro Quo: This Latin term means "this for that." It involves someone in authority offering a work benefit (like a promotion) in exchange for sexual favors. It also includes threats, like reducing work hours for refusal. For more details, read our guide on someone in authority.
• Hostile Work Environment: This arises when unwelcome, sex-based conduct creates a hostile or offensive work environment. Examples include inappropriate jokes, offensive gender-based comments, or unwanted touching. A single severe incident may be sufficient.

Who Is Protected?

California's Fair Employment and Housing Act (FEHA) protects employees, applicants, interns, volunteers, and independent contractors. The law applies to workplaces of all sizes. This contrasts with federal Title VII, usually applying to employers with 15 or more employees.

FEHA's protected categories include: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and military and veteran status. This means harassment directed at any of these characteristics, not just sex, can give rise to a claim under California employment law.

What Conduct Is Considered Harassment?

Sexual harassment includes unwanted touching or pressure for dates. It also covers suggestive jokes, offensive comments about appearance, sharing inappropriate images, or leering.

California courts apply a two-part test to determine whether conduct rises to the level of illegal harassment.

1. Objective component: A reasonable person in the same situation would also find the conduct offensive, hostile, or abusive.
2. Subjective component: The actual victim suffered emotionally, the stress impeded their health or their ability to do their job. Both components must be satisfied. A claim that meets only one part will not survive in court. This is why speaking with an attorney early is important: the facts of your specific situation determine whether both prongs are met.

Examples of Sexual Harassment in the Workplace

Type of Harassment	Example
Quid Pro Quo	A supervisor promises a raise in exchange for sexual acts.
Hostile Work Environment	A coworker's constant sexually suggestive jokes create an uncomfortable atmosphere.
Hostile Work Environment	An employee finds pornography posted on a bulletin board.
Quid Pro Quo	A manager threatens to fire an employee who refuses a date.
Hostile Work Environment	A coworker repeatedly comments on an employee's appearance after being asked to stop.

California law states harassment can occur even if you aren't the direct target. Witnessing such behavior can contribute to a hostile work environment. If you believe you have been a victim of such behavior, it is well advised to speak with a Los Angeles sexual harassment lawyer.  Our firm, Kingsley Szamet Employment Lawyers, offers free initial consultations to victims of workplace sexual harassment.

FEHA also extends to professional relationships beyond the employer-employee context. A physician, therapist, professor, or landlord may be held liable for sexual harassment of a patient, student, or tenant. If you were harassed by someone with professional authority over you, even outside a conventional office setting, California law may still protect you.

Employer Responsibilities Under California Sexual Harassment Laws

California employers must maintain a workplace free from sexual harassment. They must prevent harassment and respond effectively to complaints.

Prevention

Section 11023 mandates these key prevention steps:

• A written sexual harassment policy defining harassment, outlining reporting procedures, prohibiting retaliation, and ensuring fair investigations. This policy should explain what qualifies as sexual harassment.
• Distributing and acknowledging receipt of this policy by all employees, with translations provided if 10% or more of the staff primarily speaks another language.
• Providing regular sexual harassment prevention training. Supervisors require two hours every two years; non-supervisory staff, one hour.

California law requires more than just having a policy on paper. A legally compliant written policy must: (1) list every protected class covered by law; (2) explain that managers, supervisors, co-workers, and third parties (such as clients or vendors) are prohibited from engaging in harassment; (3) provide employees the option to report harassment to someone other than their direct supervisor; (4) if the complaint is about a supervisor, designate an alternate representative such as an HR consultant; (5) require qualified personnel to investigate thoroughly and document every step; (6) commit to a timely resolution; and (7) assure non-retaliation to both the reporting employee and any witnesses. Employers must also receive written confirmation from every employee that they received a copy of the policy. Failure to maintain a compliant policy can be used as evidence against an employer in a lawsuit.

Response

Upon receiving a sexual harassment complaint, employers must:

• Conduct a prompt, fair investigation. A sexual harassment lawyer can help ensure legal compliance during the investigation.
• Protect the reporting employee and investigation participants from retaliation. Wrongful termination can occur for reporting harassment or simply for taking part in an investigation.
• Take appropriate action based on investigation findings, ranging from counseling or training to disciplinary action.

California employers are strictly liable when a supervisor sexually harasses an employee. This means the employer is legally responsible even if management was completely unaware the harassment was occurring. There are many things your boss can't legally do. There is no "we didn't know" defense when the harasser holds a supervisory role. For harassment by a co-worker or third party, liability attaches when the employer knew or should have known and failed to take prompt corrective action.

Notable California Sexual Harassment Laws

California has enacted significant legislative changes since the rise of the #MeToo movement. If you experienced harassment years ago, or if you were pressured to sign documents waiving your rights, these laws may directly affect your options.

AB 9 - Extended Filing Window (3 Years)

Before 2020, employees had just one year to file a harassment complaint with the California Civil Rights Department (CRD, formerly DFEH). AB 9, known as the Stop Harassment and Reporting Extension (SHARE) Act, extended that deadline to three years. If you experienced harassment within the past three years, you may still have a viable claim even if you previously believed the window had closed.

AB 51 - No Forced Arbitration Waivers

Employers cannot require employees or job applicants to sign mandatory arbitration agreements waiving their right to sue under FEHA as a condition of employment. Employers also cannot retaliate, threaten, or discriminate against anyone who refuses to sign such a waiver. AB 51 is particularly significant in food service, hospitality, and retail, industries where forced arbitration clauses were disproportionately common and where women make up a large share of the workforce.

SB 331 - Silenced No More Act (NDAs)

California's Silenced No More Act prohibits non-disclosure agreements (NDAs) that prevent a victim from disclosing the facts of sexual harassment, discrimination, or retaliation. If you have been offered a settlement that includes an NDA, you cannot be legally silenced from disclosing the underlying conduct. Employers who include such restrictions in settlement agreements violate California law. This is one of the strongest victim-protection laws in the country and applies to agreements signed on or after January 1, 2022.

SB 1343 - Expanded Training Requirements

Previously, mandatory sexual harassment prevention training applied only to employers with 50 or more employees. SB 1343 lowered that threshold: all employers with 5 or more employees must now provide one hour of training to non-supervisory staff and two hours to supervisors, every two years.

AB 547 - Janitorial Sector Protections

AB 547 requires the Division of Labor Standards Enforcement to develop peer trainer and in-person training programs specifically for non-supervisory janitorial workers, industries with some of California's highest reported rates of workplace sexual harassment.

Common Myths About Sexual Harassment at Work

Sexual harassment in the workplace is a serious issue, yet many myths persist, creating confusion and discouraging victims from coming forward. Here are some common myths and the truths that debunk them:

1. Myth: Sexual harassment only happens to women.
   • Truth: While women are disproportionately affected, sexual harassment can happen to anyone, regardless of gender or sexual orientation. Men, non-binary individuals, and LGBTQ+ employees also face harassment, though their cases are often underreported due to stigma or fear of disbelief.
2. Myth: It's only harassment if it's physical.
   • Truth: Sexual harassment encompasses much more than physical touching. It includes unwelcome sexual comments, jokes, emails, or even lewd gestures. A hostile work environment can be created through repeated verbal or non-verbal actions.
3. Myth: It's not harassment if it was meant as a joke.
   • Truth: Intent does not negate the impact of harassment. A joke that makes someone uncomfortable or creates a hostile environment can still qualify as harassment under the law.
4. Myth: Reporting harassment will always lead to retaliation.
   • Truth: While retaliation does happen, it's illegal under federal and state laws. Employers who retaliate against employees for reporting harassment can face severe consequences, including lawsuits.
5. Myth: You can't file a complaint unless you've told the harasser to stop.
   • Truth: Victims are not required to confront their harassers to take action. Filing a complaint internally or externally is sufficient, especially if the harassment creates a hostile work environment.

Famous Workplace Sexual Harassment Cases and Their Impact

Over the years, several landmark cases have reshaped workplace harassment laws and raised awareness about the issue. Here are a few notable examples:

1. Mechelle Vinson v. Meritor Savings Bank (1986):

   • Overview: This case was the first to establish that a hostile work environment could qualify as sexual harassment under Title VII of the Civil Rights Act of 1964. Mechelle Vinson alleged that her supervisor subjected her to years of unwanted sexual advances.
   • Impact: The Supreme Court ruled in her favor, clarifying that harassment doesn't need to result in economic harm (e.g., termination or demotion) to be illegal. This case set the precedent for recognizing non-economic forms of harassment.

2. Anita Hill and Clarence Thomas (1991):

   • Overview: Anita Hill's testimony during Clarence Thomas's Supreme Court confirmation hearings brought the issue of workplace sexual harassment into the national spotlight. Hill detailed allegations of sexual harassment while working under Thomas.
   • Impact: Though Thomas was confirmed, the case sparked a national conversation about workplace harassment and led to increased training and reporting requirements in many organizations.
3. Gretchen Carlson v. Fox News (2016):
   • Overview: Gretchen Carlson, a former Fox News anchor, filed a lawsuit against then-CEO Roger Ailes, alleging sexual harassment. Her case led to widespread reports of harassment within the organization.
   • Impact: Carlson's case inspired the #MeToo movement, encouraging women to come forward with their own stories. It also prompted organizations to reevaluate their workplace policies and power dynamics.

4. Susan Fowler and Uber (2017):

   • Overview: Susan Fowler, a former Uber engineer, published a blog detailing a toxic workplace culture rife with harassment and discrimination.
   • Impact: Her revelations led to a complete overhaul of Uber's leadership and policies, showcasing how cultural change can be forced when companies are held accountable.

The Future of Workplace Sexual Harassment Laws

The workplace is evolving, and so are the challenges related to sexual harassment. Here's what the future may hold for workplace harassment laws:

1. Addressing Remote Work Harassment: With the rise of remote work, harassment has shifted to virtual environments. Unwanted messages, inappropriate video call behavior, and online stalking are emerging issues. Future laws may need to explicitly address harassment in digital workspaces.
2. Increased Use of Technology: Artificial intelligence and data analytics are being used to monitor workplace communications and flag potential harassment. While promising, these technologies raise privacy concerns that will require careful legal regulation.
3. Globalization of Workplace Policies: As companies operate across borders, there's a growing need for universal standards. International laws may emerge to provide consistent protections against harassment in multinational workplaces.
4. Expanding Protections for Marginalized Groups: Laws are increasingly recognizing intersectionality. Future regulations may offer enhanced protections for individuals who face compounded discrimination due to race, gender identity, sexual orientation, or disability.
5. Emphasis on Restorative Justice: Beyond punitive measures, there's a push for restorative approaches that focus on healing and education. Mediation, training, and proactive policies may become central to resolving harassment claims.
6. Legislative Focus on Non-Traditional Work Environments: Gig economy workers, freelancers, and contractors often lack the protections afforded to traditional employees. Future laws may expand protections to cover these workers, ensuring equal safety in all workplaces.

What to Do If You've Been Sexually Harassed

If you are wondering If you are being sexually harassed at work, you can use your employer's internal complaint process, following the steps outlined in your company's sexual harassment policy. Consider speaking with harassment lawyers in your local area. You may find it helpful to speak with sexual harassment lawyers in Los Angeles.

You can also file a complaint with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH), or the Equal Employment Opportunity Commission (EEOC). These complaints promote accountability and change. If you believe you have been wrongfully terminated due to a false complaint against you, there are steps you can take as a harassed employee to protect yourself. If needed, you can escalate it to a sexual harassment lawsuit.

If these avenues don't resolve the issue, a harassment lawyer is crucial, whether a Los Angeles sexual harassment lawyer, San Francisco employment lawyer, or a local attorney. This also applies if the harassment occurred in San Francisco, Oakland, San Jose, or San Diego. The objective component and subjective component of your case may need to be investigated by legal counsel.

Cultural Differences and Sexual Harassment

Sexual harassment is a global issue, but cultural norms and attitudes significantly influence how it is perceived, addressed, and reported. Here are some key aspects of how cultural differences impact workplace sexual harassment:

1. Varying Definitions of Harassment Across Cultures:
   • What is considered harassment in one culture may not be seen as such in another. For instance, in some cultures, casual physical contact or comments about appearance may be normalized and not viewed as inappropriate, whereas in others, such behavior is strictly unacceptable.
   • This cultural variance can create confusion in multinational workplaces, where employees from different backgrounds may have conflicting expectations and boundaries
2. Gender Roles and Power Dynamics:
   • In patriarchal societies, workplace harassment may be more prevalent due to entrenched gender roles and power imbalances. Women, in particular, may face greater barriers to speaking out due to societal expectations of submissiveness or fear of backlash.
   • Conversely, in cultures with stronger gender equality norms, there may be a greater emphasis on preventing and addressing harassment.

3. Shame and Saving Face:

   • In cultures that prioritize family reputation or social harmony, victims may avoid reporting harassment to prevent bringing shame upon themselves or their families.
   • Similarly, the concept of "saving face" in some Asian cultures may discourage open discussions about harassment, as it could be seen as embarrassing or disruptive.

4. Legal Protections and Awareness:

   • In countries with limited legal frameworks or enforcement mechanisms, victims may lack confidence that their complaints will be taken seriously.
   • Awareness campaigns and mandatory training, more common in Western nations, are less prevalent in some regions, leaving many workers unaware of their rights.

5. The Role of Multinational Companies:

   • Companies operating globally have a responsibility to set clear, universal standards for workplace behavior while also respecting cultural sensitivities.
   • Implementing consistent anti-harassment policies, offering culturally tailored training, and fostering open communication can help bridge cultural gaps.

Why Reporting Sexual Harassment is Still Difficult

Despite increased awareness and legal protections, many employees find it challenging to report sexual harassment. Here are the key reasons why:

1. Fear of Retaliation: Many victims fear losing their jobs, being demoted, or facing workplace hostility if they report harassment. Retaliation can be subtle, such as exclusion from meetings, or overt, like being reassigned undesirable tasks.
2. Lack of Trust in the System: Employees may feel that HR departments or leadership prioritize protecting the company over addressing their concerns. This perception is especially common if harassers are in powerful positions or if past complaints were dismissed.
3. Stigma and Shame: Victims often worry about being blamed for the harassment or facing judgment from colleagues. In some cases, victims are labeled as troublemakers or attention-seekers, which can damage their professional reputation.
4. Emotional Toll: Reporting harassment involves reliving traumatic experiences, which can be emotionally draining. The process may require victims to recount their stories multiple times during investigations or legal proceedings.
5. Unclear Reporting Channels: Some workplaces lack clear procedures for reporting harassment, leaving victims unsure of where to turn. Even when policies exist, they may not be effectively communicated or accessible to all employees.
6. Cultural and Social Barriers: In cultures that stigmatize open discussions about sexuality, victims may be reluctant to come forward. Social pressures, such as family expectations or fear of public scrutiny, can also deter reporting.
7. Power Imbalances: When the harasser is in a position of authority, victims may feel powerless to act. This is especially true in industries where job opportunities are scarce, making employees reluctant to risk their livelihood.
8. Fear of Legal and Financial Consequences: Victims may worry about the costs associated with pursuing a legal claim, including potential legal fees, lost wages, and the time investment required for litigation.
9. Belief That It Won't Make a Difference: Many victims feel reporting won't lead to meaningful change, especially if they've seen similar complaints ignored or handled poorly in the past. This sense of futility discourages them from speaking up.

Conclusion

California sexual harassment laws aim to create respectful, safe workplaces. Understanding these laws empowers employees and employers to prevent and address sexual harassment. Everyone deserves a work environment free from gender identity discrimination, unwanted sexual advances, and pregnancy discrimination. Preventing such behaviors starts with comprehensive sexual harassment prevention training and having a strong sexual harassment policy.

If you or someone you know has been sexually harassed at work, you do not have to navigate this alone. Contact Kingsley Szamet Employment Lawyers for a free, confidential case evaluation. We represent employees exclusively, on a contingency fee basis, you pay nothing unless we recover compensation for you. Call (818) 990-8300.