Harassment

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Harassment in the workplace can create a hostile or abusive work environment, impacting an employee’s ability to perform their job. Federal and state laws protect employees from harassment based on various protected characteristics:

  • Race and Color: Harassment may include racial slurs, offensive jokes, or exclusionary behavior based on race or skin color.

  • Ancestry and National Origin: Employees may face harassment due to their cultural background, language, or national origin, including derogatory remarks or unfair treatment.

  • Sexual Orientation: Harassment related to an employee’s sexual orientation includes derogatory comments, stereotyping, or exclusion based on their orientation.

  • Gender Identity and Expression: Employees may experience harassment due to their gender identity, such as misgendering, inappropriate questions, or discriminatory policies.

  • Sex: Sexual harassment, including unwelcome advances, inappropriate touching, or gender-based insults, is strictly prohibited.

  • Pregnancy, Childbirth, and Related Medical Conditions: Harassment related to pregnancy may involve derogatory remarks, refusal to accommodate, or negative treatment due to maternity leave.

  • Religion: Religious harassment includes mocking religious attire, pressuring employees to conform to different beliefs, or denying religious accommodations.

  • Disability: Harassment based on a disability may include offensive comments, refusal to provide accommodations, or belittling an employee’s condition.

  • Age (for persons 40 and older): Age-based harassment can involve derogatory remarks, jokes about aging, or pressure to retire.

  • Military or Veteran Status: Harassment may include negative stereotypes, unfair treatment, or exclusion due to past or present military service.

  • Status as a Victim of Domestic Violence, Assault, or Stalking: Employees may face harassment related to their personal circumstances, including derogatory comments or denial of time off for legal proceedings.

  • Genetic Information: Employers cannot harass employees based on genetic test results or family medical history.

  • Political Affiliation or Activities: Employees should not be harassed based on their political beliefs, voting history, or political activism.

  • Medical or Health Conditions: Harassment related to chronic illnesses or temporary health conditions, including stigma and exclusion, is prohibited.

  • Marital Status: Harassment based on being single, married, divorced, or widowed can include offensive remarks or differential treatment.

‍Harassment can be either quid pro quo (where employment benefits are conditioned on accepting unwelcome conduct) or hostile work environment (where repeated conduct creates an abusive workplace). Employers must take reasonable steps to prevent and address workplace harassment.

‍In California, harassment claims are governed by the Fair Employment and Housing Act (FEHA), which applies to all employers with one or more employees. If harassment occurs, employees can file a complaint with the Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before pursuing legal action.

‍Employers are required to implement anti-harassment policies, provide training, and take immediate action when harassment is reported. Employees who experience workplace harassment may be entitled to damages, including emotional distress compensation, lost wages, and legal fees. Seeking legal counsel is essential to ensuring workplace protections and holding employers accountable.