Employment Harassment

Harassing behavior occurs when a California employee must work in an offensive environment, or when the behavior is strong enough to create a hostile or intimidating work environment.

Usually, California employers are responsible for workplace harassment when someone who can hire, promote, direct, discipline, or fire an employee — like a manager, supervisor, executive, or officer of the company — perpetrates the harassment.

Workplace sexual harassment is when an employee becomes the subject of unwelcome sexual advances. Workplace sexual harassment victims are often either promised job favors, such as a promotion or raise, in exchange for tolerating the harassment, or held captive by the fear of being demoted or even fired for not putting up with the harassment.

The employer may also be responsible for the harassment or hostile work environment if it knew — or should have known — about the harassing conduct but failed to take action to protect the employee.

In California, the laws prohibit workplace harassment based on a person’s:

• Age, when the employee is 40 or older
• Ancestry or national origin
• Gender, gender identity, or gender expression
• Marital status
• Medical conditions
• Mental or physical disabilities
• Military or veteran status
• Race or color
• Religion or creed
• Sex, which includes pregnancy, breastfeeding, or related medical conditions
• Sexual orientation

That protection extends to:

• Applicants
• Employees
• Unpaid interns or volunteers
• Contractors