Is an Employer Liable for Sexual Harassment in the Workplace in California? 2024

If you are the victim of sexual harassment in the workplace, you may be asking yourself, “Is an employer liable for sexual harassment in the workplace in California.” The at-fault party who committed the harassment and any people who condoned the misconduct may be required to pay monetary compensation for the emotional harm they caused.

If you suffered due to sexual harassment, you may be able to be compensated for your losses by hiring a sexual harassment lawyer who can protect your rights.

Understanding Workplace Sexual Harassment

Workplace harassment can include any sexual acts that are derogatory or punitive in nature. Other protected characteristics include race, gender, religion, age, disability, or sexual orientation.

Sexual harassment isn’t always as obvious as a male boss repeatedly hitting on a female worker or making inappropriate comments about her body. The verbal statements can be derogatory or offensive. Passive sexual harassment is possible when someone leaves sexually suggestive materials up where other workers can see them (called a hostile or intimidating work environment.)

Employers must establish and enforce clear policies on acceptable conduct, ensuring a zero-tolerance stance on harassment and providing clear mechanisms for reporting incidents. Reports should be promptly and impartially investigated.

When employers fail to take proactive steps to protect workers, they can risk being found liable later on if someone reports being sexually harassed.

Can an Employer Be Held Liable for Workplace Harassment?

Employers may face personal liability for workplace harassment if they directly participate in, endorse, or initiate the conduct. They are also liable if they are aware of harassment but fail to take timely and appropriate action, indicating negligence in maintaining a safe work environment.

Additionally, employers can be held accountable if their inaction or inadequate response allows a pervasive and severe hostile work environment to persist, especially if they had the authority to prevent or stop the harassment but did not act.

The legal basis for relief through the justice system can come from Title VII of the Civil Rights Act, which protects employees and job applicants from discrimination due to a number of protected characteristics, or California’s Fair Employment and Housing Act, which affords similar, yet stronger protections.

What Type of Relief Can I Find by Hiring a Sexual Harassment Attorney?

Having an attorney can completely change the dynamics of how you are treated at work. Once your employer and co-workers are notified that you have legal representation, they will be far less likely to continue their misconduct.

An employment lawyer can provide your employer with the opportunity to change the work culture at your place of work and to pay you fairly for your pain and suffering. Administrative actions are often effective as well. Your lawyer can file a complaint with the right governmental agency, notifying the government employees of the details of your ordeal.

If the administrative route does not provide adequate remedies, your lawyer may have the option of taking direct legal action against the at-fault parties. Your employment lawyer can review your case to see who is liable. Even when the harassment originated at the worker level, your employer may still be partly liable for your ordeal.

By filing administrative complaints or taking further legal action, your layer can work to have you reimbursed for any financial losses you suffered. If you were pushed out of your job due to retaliation or left because of the hostile work environment, your attorney may be able to have you reinstated to your former position. You may also be eligible for further compensation for the pain and suffering you endured.

FAQs

Is an Employer Liable for Harassment in California?

An employer could be liable for harassment if they knew about the misconduct but failed to take prompt and appropriate action. Failure to take timely action to address harassment could be seen as condoning the misbehavior.

Employers are expected to investigate and address harassment complaints promptly. Failure to do so shows that they may not take employee welfare seriously. This can lead to personal liability. Even when an employer has no direct knowledge of workplace harassment, they are generally responsible for the conduct of employees.

When Might an Employer Not Be Found Liable in a Harassment Case?

An employer can reduce their liability for sexual harassment by having policies and practices in place that actively work to promote a healthy and safe workplace environment. One way an employer can do this is by providing safe and confidential avenues for reporting workplace sexual harassment.

Although these steps may not completely shield an employer from liability, the actions can reduce the chances that the employer will be found substantially responsible for misconduct by employees.

Can an Employee Be Held Personally Liable for Damages if They Sexually Harass a Co-worker:

Yes. An employee or even an outside contractor can be held responsible for sexual harassment through the civil courts. Liability can extend to anyone who condoned or allowed the misconduct. Employers can also be held accountable for misconduct by an employee. The degree of liability for each involved party depends on the circumstances of the case.

Can a Manager Be Held Personally Liable for Harassment?

A manager can be held responsible for harassment conducted by a subordinate. The chain of command is also a chain of responsibility that holds managers and employers responsible and potentially legally liable for acts of misconduct by employees.

The degree of liability for a manager would depend, in part, on how much the manager knew and how proactive they were in implementing steps to prevent workplace harassment.

Schedule Your Workplace Sexual Harassment Consultation Today

Workplace sexual harassment creates toxic work environments that demean workers and impede workplace productivity. Workplace sexual harassment is unacceptable in any form. With the help of an employment attorney, you can hold the at-fault party accountable for their actions along with anyone who knew or should have known about the harassment.

The attorneys at Shirazi Law Firm, PC, have helped many workers receive fair compensation for the emotional toll they suffered due to workplace sexual harassment. We can help you receive fair compensation for your ordeal. Contact our office today to schedule your consultation.