Employers’ Responsibilities in Preventing Sexual Harassment

In California, all employers must have clear policies for preventing workplace harassment. Employers must also investigate all sexual harassment reports and take vigorous measures against harassers. 

Fighting against sexual harassment, bullying, and toxic behaviors will foster a healthier company culture and shield the organization from liability lawsuits. Let’s look into employers’ responsibilities in preventing sexual harassment at work.

Mandatory Workplace Harassment Training

Any California company that employs five or more people must provide sexual harassment prevention training (links to PDF) to its workers. Regular employees will receive one hour of training, and managers and supervisors two hours of training, every two years.

The person conducting the training must be an HR professional, an attorney, or another qualified authority. Classes can take place in a physical classroom or a virtual setting.

The training must include:

• Explaining what types of conduct count as sexual harassment
• Outlining strategies for creating a harassment-free workplace
• Providing information for employees on reporting sexual harassment
• Training managers, supervisors, and HR teams on handling sexual harassment complaints

Legal Obligations in Harassment Prevention Under Federal Law

In addition to state law, federal law outlines employers’ responsibilities in preventing sexual harassment. Every employer must:

• Take reasonable steps to prevent sexual harassment in the workplace
• Make a reasonable effort to stop sexual harassment if it occurs

Of course, “reasonable” isn’t a precise definition. In practice, this involves establishing a clear anti-harassment policy and protocols for reporting harassment. The company should let its employees know that the company won’t tolerate harassment and will protect them from any retaliation if they report a harassment incident.

If an employer doesn’t have an anti-harassment policy in place, the law would hold them liable if harassment takes place in the company. The same is true if they have a policy but don’t enforce it — for example, by failing to take proper measures to protect sexual harassment victims or not investigating complaints thoroughly.

Handling Harassment Complaints

A company must have clear protocols regarding handling sexual harassment complaints and whom employees should address to report harassment. If a worker suffers harassment but isn’t sure where to seek help, this could cause delays in resolving a toxic situation.

Once the proper person (like a supervisor or HR staff) receives the harassment report, they must assure the employee that they’re committed to shielding their privacy and investigating the complaint quickly and efficiently. If the harassment has progressed to criminal conduct like sexual assault or stalking, the company should advise the employee to file a police report.

All sexual harassment complaints must trigger a prompt, detailed, and objective investigation. This may include interviews with the complaining party, the alleged harasser, and potential witnesses. The company may also review materials like texts, emails, and other documented communication. Some companies hire external counseling services to ensure a thorough investigation.

Disciplinary Actions Against Harassers

If the harassment indeed took place, the company must take quick, resolute disciplinary actions against the harasser. Depending on the seriousness of the incident, this can be anything from a reprimand to terminating their contract. 

The company could also separate the harasser and the complaining employee by reassigning one of them to another team, office, or shift. However, any such decision mustn’t change the complainer’s work conditions for the worse. For example, an employee shouldn’t have to put up with a longer commute or inconvenient work hours to be safe from harassment.

If an unbiased, in-depth investigation reveals that the complaint was baseless, the company should inform the complainer and close the case but never retaliate against an employee who made a harassment report in good faith.

What If Your Employer Doesn’t Do Enough To Prevent or Stop Harassment?

If you’re an employee who experienced sexual harassment at work, you’d expect your employer to protect you from improper behavior. However, some organizations fail to comply with an employer’s role in harassment prevention. 

Maybe you discovered that your company doesn’t have clear sexual harassment prevention policies, or perhaps the company looked into your complaint but didn’t do enough to stop the perpetrator from harassing you. In this case, you could hold your employer accountable.

You may be able to claim compensation for emotional distress, punitive damages, and back pay if the harassment made you quit your job or if the company fired you for complaining about harassment. Consult a workplace sexual harassment lawyer to learn your options under California law.

Kent Pincin: Fighting for the Rights of Workplace Sexual Harassment Victims in California

Did your company ignore employers’ responsibilities in preventing sexual harassment? If you suffered sexual harassment at work but your employer didn’t take the proper steps to protect you, contact us at Kent Pincin. Our legal team will examine your case, advocate for your rights, and let you know whether you may claim compensation.

Call 310-376-0922 or complete our online form to talk to a workplace sexual harassment lawyer.