Sexual harassment is a complicated problem to tackle. Sexual interactions and tension among people are hard to quantify and address. There are many fine lines that shift depending upon the people involved and the situation at hand. California has attempted to address this problem with the Fair Employment and Housing Act. The FEHA is enforced by the California Department of Fair Employment and Housing. This article will explore how California defines sexual harassment and your employer’s liability.
The FEHA generally defines sexual harassment as any unwanted advances or any verbal, visual, or physical conduct that is sexual in nature. The act includes the following enumerated list as examples, however, this list is illustrative, it is not exhaustive:
If your employer fails to take action to prevent this behavior then they could be subject to liability. Your employer must both attempt to minimize sexual harassment through proactive programs and respond to sexual harassment when it is reported. Basically, this means your boss must take reasonable steps to prevent harassment. Reasonable steps can be anything from once-a-month seminars to employee information brochures to posters that discuss sexual harassment.
Additionally, it also requires that your boss have procedures for dealing with sexual harassment claims. There must be a mechanism for employees to report the conduct without fear of repercussion. This mechanism must also adequately investigate and act to redress the claim.
If you were the victim of sexual harassment in the workplace, then you may want to consult with an employment attorney. You may have a claim against both your harasser and your boss. California and federal law both mandate that you are entitled to a workplace that is free from harassment and discrimination.
Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.
To learn more, contact our Westlake Village law office today and schedule an initial evaluation to discuss your case.