California Workplace Harassment Laws [2024 Updated]

If you live and work in California, you may be wondering what California workplace harassment laws protect you from harmful behaviors like harassment. Harassment in the workplace is not only illegal but incredibly uncomfortable for those who have been victim to it. Everyone deserves the right to a safe working environment, and that is why each state has harassment laws in place.

What Is Workplace Harassment in California?

Simply put, workplace harassment occurs when any form of unwanted, rude, or pushy behavior is consistently directed at an employee. There are multiple elements that can qualify behavior as workplace harassment. One element involves the person making unwanted comments or actions toward an employee. These actions or words are aimed at the particular employee because of a protected trait they hold, for example, their race, gender, religion, or other characteristic.

The behavior then becomes consistently worse as time goes on, creating a toxic and unsafe working environment. It is also considered harassment if another reasonable employee feels that if they were in the victim’s place, it would be an abusive work environment.

California law requires employers to provide a safe working environment that is free of harassment and discrimination. Employers must also provide their employees information on defining harassment, that it is illegal, and legal steps to take to remedy the situation. Furthermore, if an employer has five employees or more, they must train these employees on how to prevent harassment.

New Workplace Harassment Laws in California

There are several new laws or amendments to current laws, in place to help protect California workers against harassment. The following laws are just a few:

• Workplace Violence Restraining Order. This law was signed on September 30, 2023, with the purpose of expanding the existing California workplace violence restraining order law. This existing law states that employers may pursue a temporary order of protection against an individual who acted violently within the workplace or has threatened violence.The extension of this law, which will be in effect as of January 1, 2025, will provide employers the opportunity to pursue a temporary restraining order against an individual who has made harassing remarks or actions toward employees.Currently, the existing law does provide protection for employers and employees in regard to acts of violence or threats of violence. However, it does not include protection from harassment. The new expansion of the law allows for those who have experienced extreme alarm, annoyance, and harassment that results in severe emotional distress to take legal action.
• Presumption of Employer Retaliation. This law allows for a rebuttable presumption of any retaliatory acts from an employer against an employee. If an employer takes adverse action against an employee within 90 days of them acting within their rights, it is considered retaliation. The employee then has the right to take legal action as a response to being retaliated against. In some cases, hiring a retaliation attorney may be necessary.Another purpose of this law is to allow additional protection in the event that an employee needs to file a complaint or is involved in an investigation. It even includes protection for equal pay for all employees, regardless of ethnicity, race, or gender. This helps promote equality and protects against retaliation in relation to wage disputes.
• Workplace Violence Prevention Plan. The Workplace Violence Prevention Plan (WVPP) is set to become effective on July 1, 2024. Most employers will be required to implement this plan and train employees on the practices.

Employers must also create incident logs citing any act of violence that happens within the workplace. This violence is defined as a violent act or threat of violence that happens while at work. Threats can include physical force or a weapon against someone else. An injury may or may not result from this violence.

As of January 1, 2025, the WVPP will also allow for an employee’s bargaining representative to file a temporary restraining order against anyone who has threatened violence or has committed a violent act on the victim. Temporary restraining orders may also be obtained for harassment within the workplace.

FAQs

Q: What Is Considered Workplace Harassment?

A: Workplace harassment is considered to be any kind of consistent, unwanted comments or conduct that cause the victim to feel uncomfortable or emotional distress. These comments or actions must be directed at the employee due to their protected rights. The harassment must also be severe enough to cause a toxic working environment.

Q: What Are Your Employer’s Responsibilities in Protecting or Stopping Harassment in California?

A: California law requires employers to protect and stop harassment in the workplace in certain situations. This includes informing employees of how harassment is characterized and that it is illegal. Employers are also to train their employees on preventative measures, including harassment for gender identity and sexual orientation. An employer should also provide legal ways to rectify it.

Q: How Does HR Handle Harassment Complaints?

A: A human resources representative should handle harassment complaints carefully. First, they should inform the victim that harassment is illegal and should not be tolerated in the workplace. The HR representative should then follow harassment procedures as soon as possible, including documenting the incident and potentially investigating it. HR may then take action to stop the harassment by punishing the responsible employee or even terminating them.

Q: How Do You File a Claim for Workplace Harassment in California?

A: To file a claim for workplace harassment in California, you must first alert your employer of the situation to make them aware that harassment is happening at work. You can then file a complaint with the California Civil Rights Department. If your claim is approved, you can then move forward and request compensation and take other legal action to hold the responsible party accountable.

A Legal Team California Employees Can Trust

No workplace should tolerate harassment. All employees deserve a right to a safe working environment free of toxicity. If you work in California and have experienced harassment while at work, you need the assistance of a workplace discrimination and harassment lawyer. Contact the team at MM Law to discuss your legal options.