California law protects employees from sex discrimination in the form of sexual harassment, including harassment by co-workers or supervisors of the same sex that creates an intimidating, hostile, or offensive work environment. California Government Code section 12940(j)(1). This form of sexual harassment can happen to both employees who are attracted to the same sex and those who are attracted to the opposite sex. Regardless of one’s sexual orientation California law prohibits sexual harassment. Under California law, the offensive conduct need not be motivated by sexual desire, but instead could consist of offensive remarks about a person’s sex. If the offensive remarks or conduct about a person’s sex also threatens violence, this could also be a violation of the Tom Bane Civil Rights Act, California Civil Code section 52.1, or the Ralph Civil Rights Act of 1976, California Civil Code section 51.7.
An example of sexual harassment by the same sex: A homosexual female supervisor begins to ask a female co-worker questions about her sexuality and sex life. The female employee tells the supervisor that she is homosexual as well. Once the female supervisor finds this out, she begins to schedule the female worker’s shifts according to her own schedule. The female worker realizes what is happening and tells the supervisor that she is not interested in any type of relationship. The supervisor does not give up. After a few more failed attempts, the supervisor threatens the female worker. She tells the female worker that if she does not want her hours to be cut, then she needs to go out with her. If you are experiencing or have experienced a situation similar to this, contact our office.
Another example: A homosexual employee begins to work for a homosexual male manager. Just a few days after he begins to work there, the supervisor tells the employee that they will be going for lunch the next day so that they can get to know each other better. He tells him that this is something that he does with all of his new employees. During their lunch, the supervisor tells the male employee that he really likes him and that he is just his type. The new employee immediately tells him that he does not want to get involved with anyone at work because those relationships never end well. The supervisor then says to him that he should really think about it because he could move up in the company a lot faster if they dated. If you are experiencing or have experienced a situation similar to this, contact our office.
Is your employer following the law concerning sexual harassment in the workplace?
Employers must post the California Law Prohibits Workplace Discrimination and Harassment poster (DFEH-E07P-ENG) in a prominent and accessible location within the workplace. See California Government Code section 12950; California Code of Regulations, title 2, section 11013. The poster summarizes the prohibitions on workplace discrimination and harassment found in the California Fair Employment and Housing Act (FEHA), California Government Code sections 12900-12996, and its regulations, California Code of Regulations, title 2, sections 11000-11141.
Employers must also provide all employees with a sexual harassment poster (DFEH-185P-ENG) or fact sheet (DFEH-185-ENG) issued by the California Department of Fair Employment and Housing (DFEH), or an alternative writing furnishing information on sexual harassment in the workplace that complies with California Government Code section 12950.
Employers must create and distribute to their employees a written discrimination, harassment, and retaliation prevention policy. California Code of Regulations, title 2, section 11023(b). The required policy, among other things, must provide a complaint procedure that does not compel the employee to complain directly to his or her immediate supervisor (e.g. providing the employee with the option of calling a hotline or a person designated specifically for the purpose of receiving complaints). The required policy, among other things, must also provide for a process by which the employer timely responds to complaints of harassment, and conducts an impartial investigation by qualified personnel (e.g. persons with strong communication skills and knowledge about standard investigatory techniques), often from the human resources department, who document progress in the investigation and identify appropriate actions to be taken in response to the complaint. If an outside investigator (someone not employed by the employer) is used, they must be a licensed attorney acting in the capacity of an attorney or a licensed private investigator. See California Business and Professions Code section 7520 et seq. If ten percent or more of employees at the workplace speak a language other than English as their spoken language, the employer must translate the written discrimination, harassment, and retaliation prevention policy into every language that is spoken by at least ten percent of employees. A responsible employer will ensure that its policy is clear and easy to understand, and will discuss its policy in meetings at regular intervals. However, if your employer has not provided you with such a policy, your employer may be in violation of California law and is less likely to promptly stamp out harassment that arises in its workplace.
If you have experienced sexual harassment at your workplace:
If you have experienced sexual harassment at your workplace, contact the sexual harassment lawyers at Kokozian Law Firm, APC.