What You Need to Know About Sexual Harassment Law in California
Sexual harassment in the workplace is a serious issue that affects countless individuals across California, and the Inland Empire. California law provides robust protections to employees, ensuring that workplaces remain safe and free from harassment, intimidation, or discrimination. Whether you are an employee, employer, or simply seeking information, understanding your rights and obligations is crucial.
What Constitutes Sexual Harassment in California?
Under California’s Fair Employment and Housing Act (FEHA), sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment. This can include, but is not limited to:
- Inappropriate touching or physical contact
- Sexually explicit jokes, comments, or gestures
- Unwanted advances or propositions
- Displaying offensive images or materials
- Retaliation for rejecting advances
Who Is Protected Under California Law?
FEHA applies to all employers with five or more employees and protects workers, interns, applicants, volunteers, and even independent contractors. This broad scope ensures that nearly everyone in the Ontario workforce is covered.
Employer Responsibilities
Employers in Ontario, California are required by law to take all reasonable steps to prevent sexual harassment. This includes:
- Developing, distributing, and posting a written sexual harassment policy
- Providing sexual harassment prevention training to all employees and supervisors (at least every two years)
- Promptly investigating all complaints and taking corrective action
- Preventing retaliation against anyone who reports harassment or participates in an investigation
How to Report Sexual Harassment
If you experience sexual harassment at work, you should report it to your employer, human resources department, or the person designated to handle such complaints. If your employer fails to act or you face retaliation, you have the right to file a complaint with the California Civil Rights Department (CRD, formerly DFEH) within three years of the alleged incident. You may also consider consulting with an employment attorney for further guidance.
Why Understanding the Law Matters
Knowing your rights empowers you to take action if you or someone you know is subjected to sexual harassment. Employers who fail to comply with California law can face serious legal consequences, including monetary damages and injunctions. Ontario’s local businesses and organizations are encouraged to foster workplaces where everyone feels safe, respected, and valued.
Conclusion
Sexual harassment is never acceptable. California law provides strong protections for employees and clear guidelines for employers. If you have questions regarding your rights or need support, reach out to local resources or legal professionals who can help you navigate the process. If you have suffered sexual harassment in the California workplace please call our law office today for a FREE consultation.