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Legal options for remote employees facing sexual harassment

On Behalf of | Sep 12, 2024 | Discrimination

Sexual harassment can happen in any work setting, including remote work environments. California law protects employees from sexual harassment, whether they work in an office or from home.

How California defines sexual harassment

California law describes sexual harassment as unwelcome behavior of a sexual nature that creates a hostile or intimidating work environment. Examples include:

  • Inappropriate comments or jokes during virtual meetings
  • Unwanted sexual advances or messages through work platforms
  • Sharing offensive images or content in online settings

These actions can occur both in person and online, and employees have legal rights to address them.

Legal protections for remote workers

California Government Code Section 12940 provides protection against sexual harassment. They cover all forms of harassment. Remote workers have the same rights as those working in a physical office to enjoy a harassment-free workplace.

Employees experiencing sexual harassment can report the behavior to HR or a supervisor. Employers are legally required to investigate harassment claims, regardless of the employee’s location. Make sure to document the incidents by saving emails, chat logs, or screenshots as evidence. Finally, file a formal complaint with the Department of Fair Employment and Housing (DFEH) if the employer fails to resolve the issue.

Employer responsibilities

Employers must provide a safe work environment, including remote settings. They should offer sexual harassment training, including remote work guidelines. Additionally, they are responsible for investigating harassment complaints and taking appropriate action. It may even be necessary to remove the offender from the workplace.

Addressing harassment in the digital workplace

Employees need to feel safe and respected, no matter where they work. Knowing the legal protections available helps employees respond appropriately to sexual harassment. It holds employers responsible for maintaining a safe, harassment-free environment.

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