Harassment in the Workplace
Key Takeaways:
A hostile work environment arises when the harassment is so severe or pervasive that it interferes with an employee's ability to perform their job.
Harassment leading to a hostile work environment must be based on a “protected class", such as your gender, race, ethnicity, sexual orientation, or religion. For example if your boss is a jerk to you about the quality of your work, even if they are verbally abusive about it, it may not qualify as harassment under the FEHA. (There may be other avenues to protect you, however.)
We are committed to helping employees understand and enforce their rights under California's Fair Employment and Housing Act (FEHA). FEHA is a comprehensive state law that provides robust protections against unlawful harassment in the workplace.
What is the Fair Employment and Housing Act (FEHA)?
The Fair Employment and Housing Act (FEHA) is a powerful anti-discrimination law in California designed to create a workplace environment that is free from harassment and discrimination. FEHA applies to employers with five or more employees, including both public and private sector employers, labor organizations, and employment agencies.
FEHA's Protection Against Unlawful Harassment:
FEHA prohibits various forms of unlawful harassment, including but not limited to:
Sexual Harassment: FEHA prohibits any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature in the workplace.
Harassment Based on Protected Characteristics: The FEHA also protects against harassment based on protected characteristics such as race, gender, age, disability, religion, national origin, and more.
Hostile Work Environment: A hostile work environment arises when the harassment is so severe or pervasive that it interferes with an employee's ability to perform their job.
Key Aspects of FEHA Protection:
Prevention and Reporting: Employers are required to take reasonable steps to prevent harassment and discrimination in the workplace. They must also establish clear procedures for employees to report harassment, making it essential for employees to utilize these channels when necessary.
Prohibition of Retaliation: FEHA expressly forbids employers from retaliating against employees who report harassment or discrimination. This means you have the right to report harassment without fear of adverse consequences.
Reasonable Accommodations: Employers must make reasonable accommodations for employees with disabilities to ensure they can perform their job duties without discrimination or harassment.
Remedies and Legal Actions: If you have experienced unlawful harassment in your workplace, FEHA provides a range of remedies, including compensation for economic loss, emotional distress, attorney's fees, and reinstatement.
If you have been a victim of unlawful harassment at your workplace, give us a call or send us an email to schedule a free consultation.
