When you are doing a job and working with any company or employer, you can face some verbal abuse, sexual harassment, or any unpleasant action from your colleagues or the work owners. But, in California, you are protected by the state’s laws released in 2024. The government of California works day and night to protect workers from any harassment at their workplace. However, some updated rules and regulations have been released to provide more protection to workers and employers. Let’s delve into workplace harassment in California with examples in 2024.
What is workplace harassment?
Workplace harassment is considered as unpleasant and unwanted actions by someone to threaten or degrade others for their religion, national, mental, and physical disability, and race. However, such unwelcome actions for age, sex, nation, and race can create an unpleasant and hostile environment in the workplace. These abusive actions may affect their mental health and working ability, which may lead to their job termination. Furthermore, these harassments, whether verbal or physical, can cause severe conflicts in the future.
The protected characteristics in a workplace
In California, verbal or physical abuse at the workplace is considered harassment. However, many illegal actions and unpleasant conduct are banned. The government of California has released many anti-harassment laws. These laws protect every worker, whether an intern, employer, job applicant, or volunteer. Furthermore, the common protected characteristics in California law are discussed below.
Age
Sometimes, workers humiliate others for their age at work. They ridiculed the other workers who work in the office above 40. Meanwhile, this is your self-characteristic; no one can ridicule you for your age. You can work until you are fit for the job. This is the primary thing that others try to exploit.
Nationality or ancestry
This is the 2nd main characteristic of people harassing others. People try to harass others based on their nationality. In California, companies cannot harass employees because of their race, skin color, national origin, or ancestry. Employers are also prohibited from harassing workers based on race, skin color, national origin, or ancestry. Moreover, employers are not always aware of a worker’s ethnicity. Therefore, California has expanded its anti-harassment rules to include workers who are considered to be of a specific race, color, national origin, or ancestry. So, even if the employee isn’t a protected class member, harassing them on that basis is illegal.
Religion
Religion is also a central reason for harassment in the workplace. In California, people worked for companies globally. Everyone believes in different religions. So, the basis of religion to harass others is strictly prohibited in the state. Every worker has equal rights in the firm, no matter if he believes in different spiritual beliefs. The new anti-harassment rules protect every entity in the state.
Physical Disability
Physical disabilities are the most prevalent type of disability in the workplace. A physical handicap refers to any ailment, facial imperfections, or physical deficiency that affects one or more of the body’s primary systems and delays daily activities. Moreover, blindness, deafness, and chronic conditions are also included in physical disabilities. In California, it is strictly banned, and if anyone is involved in ridiculous action towards physical disabilities, he will immediately be fired from the job. Strict actions will be taken against them.
Mental Disability
A mental disability refers to any disorder that restricts primary life activities. Workers with mental disabilities have the right not to face harassment at work. Similarly, an employer may not harass a worker based on the belief that the worker faces a mental disorder. Emotional illnesses, Mental illnesses, Intellectual or cognitive disability, Certain learning disabilities, Autism spectrum disorders, Schizophrenia, Clinical depression, bipolar disorder, and post-traumatic stress are some different types of mental disability.
Marital status
Employers cannot harass employees based on their marital status, including single, married, separated, divorced, or widowed. Employers are also banned from limiting hiring married staff members in the same workplace. Employers can supervise married coworkers in the same department to reduce issues, but this is not harassment or discrimination. It is also neither discriminatory nor harassing to provide more extensive benefits to employees with more dependents, such as spouses and kids.
Sex
Sex is generally referred to as male or female. In California, you cannot humiliate or disgrace the other person for sex. Men and women have equal rights in the workplace. Moreover, sometimes, transgender people also work in the offices, so no one can offend them or use physical or verbal abuse against any worker for his sex or genetics.
Pregnancy
Employers in California cannot harass pregnant employees because of their pregnancy. Pregnancy harassment by an employer is always banned, even if the employee is unable to work as a result of the pregnancy.
Laws and rules in California to protect employers in the workplace
California Fair Employment and Housing Act (FEHA):
This law protects the workers at their workplace if they are harassed for their nation, race, religion, skin color, or any other protected characteristics.
Title VII of the Civil Rights Act of 1964:
This is federal law, and it also protects the workers from harassment. It is applicable throughout the state, where the employer has 15 or more workers at his workplace.
California Government Code Section 12940:
This is a section of FEHA that specifies the outlines of harassment and the duties of the employer at the workplace.
Upcoming law SB 553
The California State Assembly Committee on Labor and Employment heard Senate Bill (SB) 553 on June 28, 2023. SB 553, if passed as suggested, would create workplace violence prevention laws that would apply to almost all employers in California.
Actions that are considered harassment in the workplace
These actions are considered as harassment in the workplace. You can complain to the company owner/employer if you face any of these. Moreover, you can file a case in court if your complaints are not resolved.
- Offensive jokes
- Slurs
- Epithets or name-calling
- Physical assaults or threats
- Intimidation
- Ridicule
- Insults
- Offensive objects or pictures
- Interference with work performance
How do you file a lawsuit for harassment at your workplace?
If you face any harassment at your workplace, you have the right to file a lawsuit against that person or employer. Here is a step-by-step guide to filing a lawsuit for harassment at your workplace.
Report the harassment to your employer:
If any worker is trying to harass you in any way, whether it’s verbal abuse or sexual advancement, you must report it to your company’s employer. He will take the responsibility and will try to protect you. You should take this matter to court if the company’s owner fails to protect you or doesn’t act on the complaint.
Keep a record of the harassment:
You should keep a record of harassment as proof. You can take pictures or record videos if anyone is involved in sexual advancement. Furthermore, if someone is harassing you with written notes, keep them safe as proof. Moreover, you can use your mobile phone to record the voice and video to file a case in court.
Seek support:
Before filing a lawsuit in court, you must have the support of your colleagues. Your office colleagues can be evidence of your harassment. They can prove you innocent in court by providing evidence.
Consult with an attorney:
After keeping all the records and support of your office colleagues, you must consult a professional attorney to represent your case in the courtroom. He can better guide you in collecting the proofs and take your case to court to punish the responsible person.
Typical examples of workplace harassment
You can define workplace harassment with examples.
1st example
is about sexual harassment. Suppose worker A has been working in the office for some time, and worker B joined after that. Worker A tries to do some physical advancements during work or tries to scold physically for some undone work. Furthermore, worker A can be the boss of the office or a senior employee involved in physical misconduct to harass worker B. As a result, worker B’s ability to do work is affected, and his attention is diverted due to such scolding. Worker B can lose his job for non-attentive behavior in the office. Therefore, worker A is responsible for the wrong deed and should be punished for this act. Worker B should consult his HR or employer about this harassment. If the complaint is unresolved, worker B should consult a legal advisor to protect himself.
2nd example
is about work dominance harassment in the workplace. If worker A is from some protected community or has protected characteristics, worker B tries to ridicule worker A for his nationality, religion, and race. Furthermore, worker B tries to dominate in the workplace and doesn’t allow worker A to perform his work attentively. In this situation, the working ability of worker A can be affected. If Worker A didn’t file a complaint against Worker B and silently bore his harsh behavior, he could lose his job for his inattentive work.
3rd example
is about verbal harassment. Workers A and B are colleagues in the office. Worker A tries to discriminate against Worker B with unpleasant jokes and mimicry. Furthermore, worker A is involved in verbal wrongdoings or using abusive language against worker B. It is considered verbal harassment in the workplace. The employer must take notice of all the hidden harassment complaints to protect his workers and to create an anti-harassment environment in the office.
Responsibilities of the employer
The employer has a central duty to prevent harassment at his workplace. However, he must observe the whole environment deeply. If he receives an anonymous complaint about harassment, he must not ignore it and should take appropriate actions to protect the workers. He must inquire about the complaint to see if the worker is afraid of anyone or if someone is threatening the worker. Moreover, he must ask every office worker to sort out the issues if the matter is not disclosed. Additionally, he must take these essential steps to create a friendly and trustworthy environment in the office.
Preventing Harassment in the Workplace
If any employee is involved in misconduct or harassment, the employer must take sufficient steps to protect the victims. Moreover, employers can fire employees for wrongdoing and spoiling the office’s environment.
Workers’ training to avoid sexual harassment
Workers’ training to overcome the harassment issue in the offices is essential. All the workers must be fully trained to avoid the harassing environment at the workplace.
Written agreements before the job starts to avoid harassment at the workplace.
One more thing an employer can do to prevent workplace harassment is to make a written agreement before the job; the worker must sign the contract that contains the context for harassment protection. Moreover, the agreement must include some punishment if he is involved in workplace harassment.
Conclusion
Summarizing the above, workplace harassment in California is strictly banned. No one can discriminate against or exploit others for their nation, religion, color, or disabilities. Every worker has equal rights in the workplace. However, if you face any harassment, whether physical or verbal, you can complain about it to your employer. If your employer cannot protect you, you can file a lawsuit in court and seek protection. Furthermore, new California rules and regulations that protect every worker, whether an intern or a job applicant, have been released. Now, no one can even try to discriminate against or ridicule other workers at the workplace.
FAQS
What should I do if I face workplace harassment?
If you face workplace harassment, you should complain about it to your employer. Moreover, you can file your complaint with the California Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC). If your complaint is not solved, you can file a case in court.
What is the statute of limitation in harassment cases?
The statute of limitations is when you can file your case or complain. In harassment cases, the statute of limitations is about one year from the allegations.
Can I file workplace harassment outside the office or work remotely?
You can file a workplace replacement if you work remotely or freelancing globally. You have the right to sue against workplace harassment.
How can I prove workplace harassment?
You must collect all the evidence as proof. You can record a voice note or video if anyone tries to harass you physically or verbally. After collecting all the proofs, consult a qualified lawyer to represent your case.