Workplace harassment can impact an employee’s job performance, sense of security, and overall well-being. There are laws in California that govern harassment in the workplace, ensuring work environments are free from any kind of discrimination, abusive behavior, and intimidation. But what qualifies as harassment in the workplace in California? Our Los Angeles workplace harassment lawyers can make sure you understand the different forms harassment can take.
What Three Factors Determine Workplace Harassment in California?
In California, workplace harassment is defined by the state’s Fair Employment and Housing Act (FEHA). Harassment occurs when an employee experiences unwelcome behavior in relation to a legally protected characteristic. These characteristics include the following:
- Race, color
- Ethnicity, nationality
- Sex, gender
- Sexual orientation, gender identity, gender expression
- Pregnancy, childbirth, or related conditions
- Religion
- Age (40+)
- Mental or physical disability
- Marital status
- Military status
- Genetic information
Behavior in the workplace qualifies as harassment when it is unwanted conduct based on one or more of the above characteristics, and when it creates a work environment that is hostile, intimidating, or abusive.
Types of Harassment in the Workplace
Workplace harassment can present in various forms, ranging from verbal abuse to physical intimidation. When you understand each type, problematic behavior can be recognized early on. Types of harassment include:
- Verbal harassment. Verbal harassment can include name-calling, jokes, slurs, or other offensive remarks related to a person’s protected characteristics. Making derogatory comments about someone’s sexual orientation can be considered verbal harassment. Even if the person who made the comments claims they were only joking, if the targeted person feels humiliated, intimidated, or offended, the law will still consider it harassment.
- Physical harassment. This form of harassment involves intimidating behavior or unwanted physical contact. It can include conduct such as inappropriate touching, blocking a person’s path, assault, or aggressive gestures that make a person feel uncomfortable or unsafe. California takes any kind of unwanted physical interaction very seriously, especially if it is sexual in nature.
- Visual harassment. Visual harassment includes any offensive visual materials that get circulated amongst employees or displayed throughout the workplace. This can include offensive posters, images, emails, or other visuals. Inappropriate drawings, cartoons, symbols, or pictures related to a protected characteristic can be considered visual harassment. Sharing or displaying sexually explicit materials within the workplace also falls under this form of harassment.
- Sexual harassment. Sexual harassment is, by far, one of the most reported types of workplace harassment. Sexual harassment is separated into a hostile work environment and quid pro quo when an employee is subjected to unwanted sexual behavior such as inappropriate advances, comments, or other conduct creating a hostile work environment.
Quid pro quo sexual harassment happens when someone makes a work benefit, such as a raise, promotion, or job assignment, contingent on an employee agreeing to a sexual favor.
No matter what type of harassment you have been exposed to in the workplace, you have options. An employment law attorney can help ensure that your exposure to inappropriate working conditions ceases and those responsible are held accountable so you can continue earning a living for yourself and your family free from hostility.
Steps To Take If You Experience Workplace Harassment
If you believe you are a victim of harassment in the workplace, there are a few key steps you can take to protect yourself:
- Document the incident. Arguably, the most crucial part of a workplace harassment claim is to have evidence and documentation of the incidents. Keep a detailed personal record of each incident of harassment. Include dates, times, locations, witnesses, what was done or said, by whom, and how you responded. This can heavily support your claim.
- Report internally. If your employer has a specific procedure for reporting workplace harassment, follow it. File a formal written complaint with the proper authority, and be sure to get a copy for your own records. It’s important to follow up as well and keep documentation of how your employer responds to your complaint.
- File a complaint with the CRD. Employees can file a complaint with the California Civil Rights Department if they would like the department to do an investigation.
- Consult a lawyer. If the harassment continues or is severe, employees may speak with an employment lawyer about pursuing legal action.
FAQs
Q. Is Workplace Harassment Limited to Employees?
A. Workplace harassment is not only limited to employees. In addition to employees, legal protections extend to job applicants, interns, volunteers, temporary employees, and independent contractors. California law protects any person in the workplace from harassment. It is prohibited in all workspaces where there is at least one employee or worker.
Q. What Is the Reasonable Person Standard in Harassment Cases?
A. In California law, the reasonable person standard is used in harassment cases to determine if harassment did, in fact, occur. The conduct in question must be something that a reasonable person would find hostile, intimidating, or offensive if they were in the same or a similar situation. It must be objectively inappropriate behavior.
Q. Can An Employer Be Held Liable For Workplace Harassment?
A. An employer can be held liable for workplace harassment if they are aware of the behavior and fail to respond appropriately. In fact, employers are responsible for preventing workplace harassment from happening at all. If the harasser is a supervisor or manager, the employer is typically automatically liable. If the harassment is done by a coworker, however, the employer must have known the harassment was occurring and failed to address it to be liable.
Q. Can Harassment Occur Outside the Workplace?
A. Workplace harassment can occur outside the workplace. Harassment that happens at a work-related event, during a business trip, or through email or text message can be considered workplace harassment if there is an employment relationship and the behavior impacts the employee’s working environment. Harassment outside of work should still be documented and reported.
California Employment Law Attorney
Everyone has a right to work in an environment that is free from any kind of harassment or discrimination. There are many ways workplace harassment can present and it’s important to be aware when it happens. If you experienced harassment in your workplace, contact our office today and speak with one of our employment lawyers.