California Laws Against Harassment at Work

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California Constitution Article 1, Section 8

The California Constitution protects against harassment at work, by both public and private employers, on the basis of sex, race, creed, color, and national and ethnic origin.

California Government Code Section 12940 Section(j)(1)

It is an unlawful employment practice:

For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer's control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.

2 California Code of Regulations Sections 11019(b)(1)

The California Code of Regulations defines what constitutes unlawful harassment under California Government Code Section 12940(j)(1).

Harassment is defined as:

Verbal Harassment: Epithets, derogatory comments or slurs (or repeated romantic overtures, sexual comments and jokes or prying into one's personal affairs);

Physical Harassment: Unwanted touching, rubbing against someone, assault and physical interference with movement or work; or

Visual Harassment: Derogatory cartoons, drawings or posters or lewd gestures.

California Government Code Section 12940(k)

It is an unlawful employment practice:

For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.

California Civil Code Section 51.7

Workplace harassment that involves threats of violence:

All persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of any characteristic listed or defined in subdivision (b) or (e) of Section 51, or position in a labor dispute, or because another person perceives them to have one or more of those characteristics.

  • California Civil Code Section 51(b): All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.

Reach out to our employment attorney in Los Angeles at Malatesta Law today.
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