Are There Any Laws Specific To Sexual Harassment In Los Angeles That I Should Be Aware Of?

If you have been a victim of sexual harassment in Los Angeles, it is important to be aware of the laws and regulations specific to the region. Understanding these laws can help you navigate the legal process, protect your rights, and seek justice. In this blog post, we will explore the laws specific to sexual harassment in Los Angeles that you should be aware of.

Title VII Of The Civil Rights Act Of 1964

One of the key federal laws that addresses sexual harassment is Title VII of the Civil Rights Act of 1964. Title VII prohibits workplace discrimination based on sex, which includes sexual harassment. It applies to employers with 15 or more employees and covers various aspects of employment, including hiring, promotions, and working conditions.

Under Title VII, both quid pro quo (explicit or implicit demands for sexual favors in exchange for job benefits) and hostile work environment (unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment) forms of sexual harassment are considered illegal.

California’s Fair Employment and Housing Act (FEHA)

In addition to federal laws, California has its own set of laws that provide additional protections against sexual harassment. The Fair Employment and Housing Act (FEHA) is California’s primary anti-discrimination law, and it covers a wide range of protected categories, including sex.

FEHA prohibits harassment based on sex, gender, gender identity, gender expression, and other protected characteristics. It applies to employers with five or more employees, making it more expansive than the federal law in terms of the size of covered employers. FEHA also provides protections for both employees and non-employees, such as job applicants, interns, and volunteers.

California Senate Bill 1300

To further strengthen the protections against sexual harassment, California enacted Senate Bill 1300. This bill, signed into law in 2018, expands the legal remedies available to victims of sexual harassment and aims to reduce the barriers to pursuing such claims.

Senate Bill 1300 introduced several important changes, including:

• Expanded liability: It makes employers potentially liable for acts of non-employees, such as contractors and clients, if the employer knew or should have known about the harassment and failed to take appropriate action.

• Non-disparagement agreements: It prohibits employers from requiring employees to sign non-disparagement agreements that prevent them from disclosing information about unlawful acts in the workplace, including sexual harassment.

• Employer knowledge: It lowers the burden of proof for establishing employer liability, making it easier for victims to hold employers accountable.

These changes highlight the commitment of the California legislature to protect victims of sexual harassment and create a safer working environment.

California Sexual Harassment Prevention Training Requirements

To further address sexual harassment in the workplace, California has implemented specific sexual harassment prevention training requirements. Employers with five or more employees are required to provide at least two hours of sexual harassment prevention training to supervisors and at least one hour of training to non-supervisory employees every two years.

The training aims to educate employees about the definition of sexual harassment, the types of prohibited conduct, the internal complaint process, and the remedies available. It also provides guidance on bystander intervention and strategies to create a respectful work environment.