What Are the Details Regarding Sexual Harassment Law In California?

The Fair Employment and Housing Act (FEHA) prohibit sexual harassment toward all California employees and job applicants. FEHA law applies to all private public employers, employment agencies, labor organizations, state licensing boards and state and local governments that have one or more employees.

Sexual harassment is any type of unwanted and unwelcome behavior or attention of a sexual nature that causes interference in your life and in your ability to function at work, home or school. Sexual harassment can create an environment that is intimidating, hostile or offensive. A victim of sexual harassment discrimination should speak with a qualified Los Angeles harassment lawyer to discuss possible legal actions when the following forms of sexual harassment take place:

  • Quid Pro Quo or “Something for something” – This is the “You do something for me and I’ll do something for you” type of harassment negotiation
  • Hostile Environment- Takes place when an employee must endure comments of a sexual nature, offensive sexual materials or unwelcome physical contact on a regular basis in the work environment

Required Sexual Harassment Law Compliance Training

All businesses with 50 or more full-time, part-time and temporary employees must provide sexual harassment training. The following state of California inclusions for sexual harassment law compliance training meets and exceeds federal requirements:

  • Definitions of sexual harassment
  • Statutory provisions and case law principles regarding harassment, discrimination and retaliation
  • Types of conduct constituting sexual harassment
  • Remedies
  • Prevention strategies
  • Victim reporting resources
  • Obligation of employer to investigate allegations
  • Training on what to do if you are personally accused
  • Policy information

The state of California recommends sexual harassment training for all employees. FEHA California Government Code section 12926(r) mandates compliance training for all supervisors with the following responsibilities and employer authorities for employees:

  • Hire
  • Transfer
  • Suspend
  • Lay off
  • Recall
  • Promote
  • Discharge
  • Assign
  • Reward
  • Discipline
  • Direct or adjust grievances
  • Recommend action

California State Law Training Requirements

The state of California regulations requires employers with 50 or more employees to provide the following:

  • Minimum two-hours of training – The California statute does permit training to be broken down into small segments
  • Retraining once every two years
  • New supervisors must receive training within six months of assuming the position
  • Training classroom sessions and webinars presented by a qualified trainer
    • Employment attorney
    • Human resource professional with relevant harassment prevention experience
    • Law school or university professor
  • Training records kept for a minimum of two years

For more information regarding compliance or non-compliance with California sexual harassment state laws or if you are a victim of sexual harassment contact a Los Angeles harassment attorney for a confidential consultation.