Harassment Laws in California: Civil & Criminal Definitions

Types of Workplace Harassment in California: What to Watch For

When discussing harassment, it’s crucial to distinguish between two types. The first is unlawful harassment, which targets a protected class and violates Equal Employment Opportunity (EEO) laws, potentially leading to prosecution.

According to EverFi, the second type, commonly known as workplace bullying, involves repeated actions aimed at intimidating, degrading, humiliating, or undermining an employee, negatively impacting workplace health and productivity, even if it’s not based on a protected class [1].

Other Types of Workplace Harassment to Watch Out For

1. Religious Harassment

During the holiday season, religious harassment can be more prevalent. Ensure employees are not required to participate in religious activities as a condition of employment, allow reasonable time off for religious holidays, permit the display of religious icons if it doesn’t interfere with work, and encourage respectful discussions about religion. Offensive comments about a particular religion can be considered unlawful harassment, as religion is a protected class.

2. Humor and Jokes

While joking with co-workers is natural, it’s important to ensure jokes are not offensive. Even jokes not targeting a protected class can hurt feelings and escalate if unaddressed. Bullying disguised as humor, such as consistently belittling a colleague, can negatively affect their work performance and should be addressed.

3. Disabilities

Harassment based on disabilities, which are broader than many realize, is unlawful. For example, making derogatory comments or altering a colleague’s food due to their diabetes constitutes harassment. Ensure awareness of how EEO laws define disabilities and protect against such behaviors.

4. Ageism

Harassment and age discrimination in the workplace is one of the more nuanced types. As defined by EEO laws, only those over 40 are considered part of a protected class. Those that are under 40 are not. That means if an employee is harassed because of their age, it’s only unlawful if they are over 40.

Understanding Domestic Violence, Elder Abuse, and Civil Harassment Laws in California

Domestic Violence

Domestic violence involves abuse or threats of abuse between individuals in specific relationships, including those who are:

• Married or registered domestic partners,
• Divorced or separated,
• Currently or previously dating,
• Living together or formerly living together beyond being just roommates,
• Closely related (e.g., parent, child, sibling, grandparent, in-law).

California law defines “abuse” as:

• Physical harm or attempts to cause harm intentionally or recklessly,
• Sexual assault,
• Actions causing a person to fear serious harm (e.g., threats),
• Behaviors such as harassment, stalking, threats, physical assault, disturbing the peace, or property destruction.

Keep in mind that abuse and domestic violence do not have to be only physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused.

Elder or Dependent Adult Abuse

Abuse of elders or dependent adults includes:

• Individuals 65 years or older,
• Adults aged 18 to 64 with mental or physical disabilities that impair their ability to perform normal activities or protect themselves.

Elder or dependent adult abuse encompasses:

• Physical abuse, neglect, financial exploitation, abandonment, isolation, abduction, or behaviors causing physical or mental suffering,
• Caregiver deprivation of necessary services to prevent harm or suffering.

Details on these laws are available in Welfare and Institutions Code section 15610.07.

Civil Harassment

Civil harassment involves abuse, threats, stalking, sexual assault, or severe harassment by someone you have not dated and do not have a close family relationship with, such as a neighbor, roommate, or non-dating friend. It also applies to family members not covered under domestic violence laws, such as uncles, aunts, nieces, nephews, or cousins.

Civil harassment is defined as:

• Unlawful violence (e.g., assault, battery, stalking),
• Credible threats of violence,
• Actions that seriously scare, annoy, or harass without a valid reason.

A credible threat of violence includes behavior or statements that would make a reasonable person fear for their safety or their family’s safety, such as stalking or repeated harassing communications.

For more details on these laws, refer to the respective California codes and seek assistance if you or someone you know is affected by these issues.

How to File a Workplace Harassment Lawsuit in California

According to SCLG, to file a lawsuit for workplace harassment in California, follow these three steps [2]:

• Notify your employer: If you feel that you are being harassed in the workplace, start by informing your employer. In many cases, the employer will take action to end the harassment and resolve the issue. If the employer takes no action, it will strengthen your case if you need to file a lawsuit.
• File a complaint with the California Civil Rights Department (CRD): If the harassment continues, file a complaint with the CRD. This step is mandatory before you can sue your employer. You can request an immediate “right to sue” letter from the CRD to expedite the process. The CRD offers an online intake form for reporting workplace harassment, which can be submitted online, by mail, or by phone. Ensure you file within the three-year statute of limitations.
• Obtain a “Right to Sue” letter from the CRD: After filing your complaint, you need a “right to sue letter” from the CRD to proceed with a lawsuit. Once you receive this letter, you have one year to file a lawsuit against your employer. Contact an attorney promptly to gather evidence and prepare a strong case.

Steps to Take After Informing Your Employer

• Anti-Harassment Policies: California law mandates that employers maintain and distribute a written anti-harassment policy, specifying who to contact for complaints. This policy should provide alternative reporting methods if the harasser is a supervisor, such as contacting HR, a complaint hotline, or an EEO coordinator.
• Definition of a Supervisor: In California, a “supervisor” is defined as someone who has the authority to hire, transfer, suspend, lay off, promote, discharge, or discipline employees, or direct their work and adjust grievances.

Filing a Complaint with the CRD

• Complaint Process: Submit your harassment complaint to the CRD using their online form, by mail, or by phone. Detail the harassment, including specific incidents and any supporting evidence. The CRD will decide whether to investigate based on your information and relevant California civil rights laws.
• CRD Investigation: If the CRD takes your case, they will send a formal complaint to your employer. The investigation may lead to mediation or, if unresolved, the CRD might file a lawsuit on your behalf. If the CRD finds no reasonable cause, they will issue a “right to sue” letter.

Obtaining a “Right to Sue” Letter

The Fair Employment and Housing Act (FEHA) requires a “right to sue” letter from the CRD before filing a lawsuit. After receiving the letter, you have one year to file your case, with possible extensions if federal charges were also filed. Contact an attorney immediately to build a compelling case and file the necessary legal documents.

Related Articles: Signs & Examples of a Hostile Work Environment

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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://everfi.com/blog/workplace-training/4-types-of-harassment-at-work-you-need-to-know-about/
2. https://www.shouselaw.com/ca/blog/how-to-file-a-workplace-harassment-lawsuit-in-california/