Sexual harassment in the workplace has become a common problem faced by California employers since, according to CBS News, 40% of female employees have been sexually harassed at work; it is a serious matter that can have devastating consequences for the victims and the organization. It is defined as unwanted and/or unwelcome and inappropriate behavior of a sexual nature that creates a hostile, unsafe, and/or intimidating work environment.
Laws that Apply to Sexual Harassment in California
California has some of the most comprehensive and progressive laws in the United States when it comes to addressing and preventing sexual harassment in the workplace. For instance,
- Title VII of the Civil Rights Act of 1964: It is a federal law that forbids sexual harassment in the workplace and applies to employers with 15 or more employees. It specifically outlines quid pro quo harassment and hostile work environment harassment, which will be explained below.
- California’s Fair Employment and Housing Act (FEHA): Defines sexual harassment in the workplace as unwanted verbal or physical advances of a sexual nature toward a person with whom the accused has a professional relationship.
- Equal Employment Opportunity Commission (EEOC): Defines sexual harassment in the workplace as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Types of Sexual Harassment According to Title VII
Sexual harassment in the workplace can be broadly categorized into two:
- Quid Pro Quo Harassment: When an individual in a position of power or authority, such as a supervisor or manager, demands sexual favors in exchange for job benefits or promotions.
- Hostile Work Environment Harassment: When unwelcome sexual conduct is so severe or pervasive that it creates an intimidating and/or hostile work environment for the employee.
Why Should an HR Investigation Related to Sexual Harassment in the Workplace be Performed by a California-licensed Investigator?
A California-licensed investigator is a neutral third party with the knowledge and expertise to professionally handle a workplace investigation related to sexual harassment and fulfill the employer’s legal obligation to investigate without the potential conflict of interest or perceived bias that could arise if handled internally or by the organization’s legal counsel.
- Objectivity and Impartiality: Licensed investigators are trained to approach each case without actual or perceived bias.
- Expertise in Employment Law: California has specific legal standards for handling administrative investigations. Licensed investigators ensure that the investigative process and report comply with State and Federal laws.
Why choose California Labor Solutions?
California Labor Solutions (CLS) is one of the only HR firms licensed* to conduct workplace investigations in California. We serve private businesses and public-sector organizations throughout the state. We have conducted hundreds of neutral, impartial, objective, and unbiased workplace investigations related to identifying issues and risks within the organization as well as for employee complaints relating to allegations of discrimination, harassment, retaliation, workplace violence, and various types of employee misconduct with the utmost quality, detail, and efficiency.
*California Private Investigator License Number 26311.
Disclaimer:
Please note that the updates, advisories, and regulations we receive from the promulgating agency often contain ambiguities and/or are often amended, modified, or updated. This material/article/email does not contain any legal advice. The information and opinions expressed herein are based on our reasonable interpretation of the issuing agency’s publication at the time the opinion is expressed and is, therefore, subject to change based on further developments. The effect of the opinions expressed may be different based on your particular circumstances, and it is recommended that you not rely upon these general opinions prior to obtaining a consultation with your legal and/or financial advisors.