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An employer might owe compensation if they do not stop harassment

On Behalf of | Aug 14, 2024 | Workplace Harassment

In California, every employee has the right to a workplace free from sexual harassment. Employers hold the responsibility to ensure that this right is upheld. 

If an employer fails to prevent sexual harassment, they may owe compensation to the affected employees.

What does California law say about sexual harassment?

California’s Fair Employment and Housing Act mandates that employers take all reasonable steps to prevent harassment from occurring. This includes implementing a clear anti-harassment policy, providing regular training and promptly addressing any complaints of harassment. Employers must ensure that their workplace is safe and respectful for everyone.

What happens if an employer is negligent about harassment?

When an employer does not take preventative measures, or if they ignore complaints of harassment, they may be liable. This means that an employee who experiences harassment could receive compensation. This compensation may cover emotional distress, lost wages or other damages resulting from the harassment.

What should employers do to prevent harassment?

One key aspect of California law is the requirement for regular sexual harassment prevention training. Employers with five or more employees must provide training to all staff. Supervisors must receive at least two hours of training, while non-supervisory employees must receive at least one hour. This training must occur every two years and within six months of an employee’s hiring or promotion to a supervisory role.

Failure to provide this training could indicate that the employer is not taking the necessary steps to prevent harassment. If harassment occurs in a workplace where training is not provided, this could strengthen the case against the employer.

Employees in California should understand their rights and know that the law is on their side. Employers who do not fulfill their legal responsibilities may face serious consequences. Compensation for those affected by sexual harassment serves as a way to hold employers accountable and provide justice to wronged employees.

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