SEXUAL

HARASSMENT
THE FACTS
Sexual harassment is a form of discrimination based on The harassment must be severe or pervasive to be unlawful.
sex/gender (including pregnancy, childbirth, or related A single act of harassment may be sufficiently severe to be unlawful.
medical conditions), gender identity, gender expression,
or sexual orientation. Individuals of any gender can BEHAVIORS THAT MAY BE SEXUAL HARASSMENT
be the target of sexual harassment. Unlawful sexual
harassment does not have to be motivated by sexual 1. Unwanted sexual advances
desire. Sexual harassment may involve harassment by a 2. Offering employment benefits in exchange for sexual favors
person of the same gender, regardless of either person’s
sexual orientation or gender identity. 3. Leering; gestures; or displaying sexually suggestive objects,
pictures, cartoons, or posters
4. Derogatory comments, epithets, slurs, or jokes
THERE ARE TWO TYPES OF SEXUAL HARASSMENT 5. Graphic comments, sexually degrading words, or suggestive or
1. “Quid pro quo” (Latin for “this for that”) sexual harassment is when obscene messages or invitations
someone conditions a job, promotion, or other work benefit on your 6. Physical touching or assault, as well as impeding or blocking
submission to sexual advances or other conduct based on sex.
movements
2. “Hostile work environment” sexual harassment occurs when
unwelcome comments or conduct based on sex unreasonably
interferes with your work performance or creates an intimidating,
hostile, or offensive work environment. You may experience sexual
harassment even if the offensive conduct was not aimed directly at you.
 SEXUAL
HARASSMENT
Actual or threatened retaliation for rejecting advances or identification of CRD and the United States Equal Employment
Opportunity Commission as additional avenues for employees to
or complaining about harassment is also unlawful. lodge complaints.
Employees or job applicants who believe that they have been • Instruct supervisors to report any complaints of misconduct to a
sexually harassed or retaliated against may file a complaint designated company representative, such as a human resources
of discrimination with CRD within three years of the last act of manager, so that the company can try to resolve the claim
harassment or retaliation. CRD serves as a neutral fact-finder and internally. Employers with 50 or more employees are required to
attempts to help the parties voluntarily resolve disputes. include this as a topic in mandated sexual harassment prevention
training (see 2 CCR 11024).
If CRD finds sufficient evidence to establish that discrimination
occurred and settlement efforts fail, the Department may file a civil • Indicate that when the employer receives allegations of
complaint in state or federal court to address the causes of the misconduct, it will conduct a fair, timely, and thorough
discrimination and on behalf of the complaining party. CRD may investigation that provides all parties appropriate due process and
seek court orders changing the employer’s policies and practices, reaches reasonable conclusions based on the evidence collected.
punitive damages, and attorney’s fees and costs if it prevails in • Make clear that employees shall not be retaliated against as a
litigation. Employees can also pursue the matter through a private result of making a complaint or participating in an investigation.
lawsuit in civil court after a complaint has been filed with CRD and
a Right-to-Sue Notice has been issued. 4. Distribute its harassment, discrimination, and retaliation
prevention policy by doing one or more of the following:
• Printing the policy and providing a copy to employees with an
acknowledgment form for employees to sign and return.
EMPLOYER RESPONSIBILITY & LIABILITY • Sending the policy via email with an acknowledgment return form.
• Posting the current version of the policy on a company intranet
with a tracking system to ensure all employees have read and
All employers, regardless of the number of employees, are covered acknowledged receipt of the policy.
by the harassment provisions of California law. Employers are liable • Discussing policies upon hire and/or during a new hire orientation.
for harassment by their supervisor or agents. Employees accused of
harassment, including both supervisory and non-supervisory personnel, • Using any other method that ensures employees received and
may be held personally liable for harassment or for aiding and abetting understand the policy.
harassment. The law requires employers to take reasonable steps 5. If the employer’s workforce at any facility or establishment contains
to prevent harassment. If an employer fails to take such steps, that ten percent or more of persons who speak a language other than
employer can be held liable for the harassment. In addition, an employer English as their spoken language, that employer shall translate
may be liable for the harassment by a non-employee (for example, the harassment, discrimination, and retaliation policy into every
a client or customer) of an employee, applicant, or person providing language spoken by at least ten percent of the workforce.
services for the employer. An employer will only be liable for this form
of harassment if it knew or should have known of the harassment, and 6. In addition, employers who do business in California and employ 5
failed to take immediate and appropriate corrective action. or more part-time or full-time employees must provide at least one
Employers have an affirmative duty to take reasonable steps to prevent hour of training regarding the prevention of sexual harassment,
and promptly correct discriminatory and harassing conduct, and to including harassment based on gender identity, gender expression,
create a workplace free of harassment. and sexual orientation, to each non-supervisory employee; and two
hours of such training to each supervisory employee. All employees
A program to eliminate sexual harassment from the workplace is not must be trained by January 1, 2023. New supervisory employees
only required by law, but it is the most practical way for an employer to must be trained within six months of assuming their supervisory
avoid or limit liability if harassment occurs. position, and new non-supervisory employees must be trained
within six months of hire. Employees must be retrained once every
two years. Please see Gov. Code 12950.1 and 2 CCR 11024 for
further information.
ALL EMPLOYERS MUST TAKE THE FOLLOWING
ACTIONS TO PREVENT HARASSMENT AND
CORRECT IT WHEN IT OCCURS: CIVIL REMEDIES
1. Distribute copies of this document or an alternative writing that 1. Damages for emotional distress from each employer or person in
complies with Government Code 12950. This document may be violation of the law
duplicated in any quantity. 2. Hiring or reinstatement
2. Post a copy of the CRD employment poster “California Law 3. Back pay or promotion
Prohibits Workplace Discrimination and Harassment.”
4. Changes in the policies or practices of the employer
3. Develop a harassment, discrimination, and retaliation
prevention policy in accordance with 2 CCR 11023. To schedule an appointment, contact the Communication Center below.
If you have a disability that requires a reasonable accommodation, the
The policy must: CRD can assist you by scribing your intake by phone or, for individuals
• Be in writing. who are Deaf or Hard of Hearing or have speech disabilities, through
• List all protected groups under the FEHA. the California Relay Service (711), or you can contact us below.
• Indicate that the law prohibits coworkers and third parties, as
well as supervisors and managers with whom the employee
comes into contact, from engaging in prohibited harassment.
• Create a complaint process that ensures confidentiality to
the extent possible; a timely response; an impartial and TO FILE A COMPLAINT
timely investigation by qualified personnel; documentation Civil Rights Department
and tracking for reasonable progress; appropriate options for calcivilrights.ca.gov/complaintprocess
remedial actions and resolutions; and timely closures.
Toll Free: 800.884.1684 / TTY: 800.700.2320
• Provide a complaint mechanism that does not require an California Relay Service (711)
employee to complain directly to their immediate supervisor.
• That complaint mechanism must include, but is not limited to Have a disability that requires a reasonable accommodation?
including: provisions for direct communication, either orally or CRD can assist you with your complaint.
in writing, with a designated company representative; and / or
a complaint hotline; and/ or access to an ombudsperson; and/

For translations of this guidance, visit: www.calcivilrights.ca.gov/posters/required CRD-185P-ENG / January 2023