The #MeToo movement has made it clear to the world over the past few years that workplace sexual harassment and assault remain serious issues. Laws that limit the use of non-disclosure agreements in these kinds of situations are only one of the many actions the California Legislature has taken to address this problem.
California has also mandated that most companies educate all staff members about sexual harassment. This is one of the ways the state has attempted to lessen or end sexual harassment. However, as a California employment lawyer may clarify, even if a company doesn’t offer the required training, sexual harassment at work won’t make them inherently liable. Read on to learn more and then contact PLBH at (800) 435-7542 if you require a free legal consultation.
Sexual harassment can take two different forms in the workplace
When an employee experiences unwanted advances, remarks, or behavior based on their sex in a hostile work environment, this is referred to as harassment. The level of harassment must be high or widespread enough to change the working environment. Quid pro quo harassment, on the other hand, occurs when a boss requests sexual favors in exchange for a job perk. One or both forms of sexual harassment may occur at work.
Training requirements in California
According to the Fair Employment and Housing Act, companies in California are required to take action to prevent or lessen sexual harassment (FEHA). Each supervisor must get at least 2 hours of in-person or interactive online training on sexual harassment from all California companies with 5 or more employees, and all nonsupervisory employees must also receive 1 hour of this training. An employee must finish the training within six months of being hired or promoted, and it must be repeated every two years after that.
Additionally, businesses must put DFEH (Department of Fair Job and Housing) posters about employment discrimination in a visible location. Additionally, they must provide all employees with the sexual harassment booklets published by the DFEH.
Failing to provide this training does not automatically make an employer liable if sexual harassment occurs
Despite the fact that employers are required to take these actions, failing to do so does not automatically render an employer liable in a sexual harassment claim. Instead, it might be a component of a sexual harassment accusation that is taken into account.
You may be able to file a complaint against your employer if you are the victim of sexual harassment at work with the DFEH or the federal Equal Employment Opportunity Commission (EEOC). From submitting the initial complaint to managing a lawsuit in federal or state court, a knowledgeable California employment attorney can assist you with the procedure.
If your claim is successful, you might be entitled to restitution for lost wages, pain and suffering, reputational damage, and mental anguish.
At PLBH, we stand up for workers across the state of California who have experienced sexual harassment and other forms of workplace injustice. Our team of skilled employment lawyers in California is committed to getting the best result for our clients. Call (800) 435-7542 or send an email to info@plblaw.com to find out more or to arrange a consultation with our law office.