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Sexual Harassment Law in California: An Overview for the Lay Person
Introduction: Sexual harassment is a serious issue that affects many individuals in the workplace. In California, it is illegal for an employer to subject an employee to harassment based on their sex, gender, or any other protected characteristic. This article provides an overview of sexual harassment law in California, including the types of harassment recognized by law, the legal responsibilities of employers, and the remedies available to victims of harassment.
Types of Sexual Harassment: There are two types of sexual harassment recognized by California law: quid pro quo and hostile work environment.
Quid Pro Quo Harassment: Quid pro quo harassment occurs when an employer makes employment decisions based on an employee’s submission to or rejection of sexual advances or demands. This type of harassment typically involves an abuse of power by a supervisor, manager, or other authority figure in the workplace.
Hostile Work Environment: Harassment A hostile work environment occurs when an employee is subjected to severe or pervasive harassment that affects their ability to perform their job. This type of harassment may involve a variety of behaviors, including sexual jokes, comments, gestures, or physical contact that is unwelcome and offensive.
Legal Responsibilities of Employers Under California law: Employers have a legal duty to prevent and address sexual harassment in the workplace. This includes providing training and education to employees, conducting investigations when harassment is reported, and taking appropriate corrective action when harassment is found to have occurred.
Remedies Available to Victims of Harassment: Victims of sexual harassment in California may be entitled to a variety of remedies, including damages for emotional distress, lost wages, and other losses. In some cases, it may also be possible to obtain an injunction requiring the employer to take steps to prevent future harassment.
Conclusion: Sexual harassment is a serious issue that affects many individuals in the workplace. If you believe that you have been the victim of sexual harassment, it is important to seek the advice of an experienced employment law attorney. An attorney can help you understand your rights and obligations under California law, and guide you through the process of seeking compensation and other remedies.
Sources and Further Reading: California Fair Employment and Housing Act (FEHA): https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2021/05/FEHA-Regulations-2021.pdf Title VII of the Civil Rights Act of 1964: https://www.eeoc.gov/laws/statutes/titlevii.cfm Equal Pay Act: https://www.dol.gov/agencies/whd/flsa/policies/equal-pay-act-comp Seminal Cases in Sexual Harassment Law: https://www.nwlc.org/resources/sexual-harassment-law-seminal-case
Sexual harassment and retaliation are serious issues in California and are protected by state and federal laws. Employees who experience sexual harassment or retaliation at the workplace can take legal action against their employer. In this article, we will provide an overview of sexual harassment retaliation in California and some of the seminal cases that have helped shape the law in this area.
Sexual harassment retaliation occurs when an employee experiences adverse employment action, such as termination, demotion, or a decrease in pay, as a result of reporting or opposing sexual harassment in the workplace. This type of retaliation is illegal under both California state law and federal law, specifically Title VII of the Civil Rights Act of 1964.
One of the seminal cases in California that dealt with sexual harassment retaliation is Yanowitz v. L’Oreal USA, Inc. (2005). In this case, a former sales representative, Kathleen Yanowitz, sued her employer for retaliation after she reported sexual harassment by her supervisor. The California Supreme Court ruled in favor of Yanowitz and held that employers can be held liable for retaliation if they take adverse employment action against an employee who has opposed sexual harassment or filed a complaint.
Another seminal case in California is Rope v. Auto-Chlor System of Washington, Inc. (2002). In this case, a former employee, Sharon Rope, sued her employer for retaliation after she reported sexual harassment by her supervisor. The California Court of Appeal held that an employer’s liability for retaliation does not require a showing of economic harm, but can be based on any adverse employment action that would have a chilling effect on an employee’s protected activities.
In addition to these cases, there have been numerous other court decisions in California that have helped to shape the law on sexual harassment retaliation. These cases have established the rights of employees to report sexual harassment and to be protected from retaliation, and have held employers accountable for their actions in cases of retaliation.
In conclusion, sexual harassment retaliation is a serious issue in California and employees who experience this type of retaliation should take action to protect their rights. The seminal cases discussed in this article provide a foundation for the law on sexual harassment retaliation in California and demonstrate the importance of taking action to protect employees from retaliation.
Sources:
1. Aguilar v. Avis Rent-A-Car Systems, Inc. (1997) Key facts: The plaintiff, a salesperson at Avis Rent-A-Car, was subjected to harassment by a co-worker. The co-worker made sexually explicit comments, physically touched the plaintiff, and made threats of physical violence. Despite complaining to her supervisor, no action was taken to stop the harassment. The California Supreme Court held that an employer may be liable for harassment by a co-worker if they knew or should have known about it and failed to take appropriate corrective action. Published decision: https://law.justia.com/cases/california/supreme-court/4th/21/375.html
2. Fisher v. San Pedro Hospital (1989) Key facts: The plaintiff, a nurse at San Pedro Hospital, was subjected to repeated harassment by her supervisor. The supervisor made repeated sexual advances, physically touched the plaintiff, and made threatening statements. The court held that a hostile work environment exists when an employee is subjected to severe or pervasive harassment that affects their ability to perform their job. Published decision: https://law.justia.com/cases/california/court-of-appeal/3d/219/717.html
3. Lyle v. Warner Bros. Television Productions (2006) Key facts: The plaintiff, an assistant to a television producer, was physically assaulted by her supervisor. The supervisor grabbed the plaintiff’s breasts and attempted to kiss her. The California Supreme Court held that a single instance of severe harassment, such as a physical assault, can be sufficient to create a hostile work environment. Published decision: https://law.justia.com/cases/california/supreme-court/39/38/672.html
4. Miller v. Department of Corrections (2005) Key facts: The plaintiff, a prison guard, was subjected to same-sex harassment by his co-workers. The co-workers made explicit sexual comments, touched the plaintiff’s private parts, and subjected him to vulgar gestures. The court held that same-sex harassment is prohibited under California law, and that employers have a duty to prevent and address this type of harassment. Published decision: https://law.justia.com/cases/california/court-of-appeal/2d/135/970.html
5. Roby v. Corporation of Lloyd’s (2002) Key facts: The plaintiff, an employee at Corporation of Lloyd’s, was subjected to quid pro quo harassment by her supervisor. The supervisor demanded sexual favors in exchange for employment benefits, such as promotions and raises. The court held that an employer may be liable if a supervisor engages in harassment that is severe enough to affect an employee’s employment decisions. Published decision: https://law.justia.com/cases/california/court-of-appeal/2d/100/1248.html
If you have been the victim of sexual harassment in the workplace, it is important to seek the advice of an experienced California sexual harassment lawyer. A lawyer can help you understand your rights and obligations under California law, and guide you through the process of seeking compensation and other remedies. In order to prove a claim of sexual harassment in California, the plaintiff must demonstrate that they were subjected to offensive conduct of a sexual nature that was either severe or pervasive. The specific conduct that constitutes harassment can vary widely, and may include sexual advances, comments, gestures, or physical contact
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