Employment Discrimination Attorney Serving Employees and Employers with Harassment Issues in California

Federal Law Prohibitions Against Harassment in the Workplace

Federal law defines illegal harassment as “unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.

Since harassment, according to the EEOC, is “a form of employment discrimination,” it can violate any of the following federal laws:

• Title VII of the Civil Rights Act of 1964;
• Age Discrimination in Employment Act of 1967 (ADEA); and
• Americans with Disabilities Act of 1990 (ADA).

Employers in California Need an Effective Anti-Harassment Program

The Department of Fair Employment and Housing (DFEH) provides the following guidance for employers in developing an effective anti-harassment program:

• Clear written policy that is easy for employees to understand, and that is distributed and discussed on a regular basis (required anti-harassment policy components are listed in 2 CCR Section 11023);
• Workplace policy for responding to complaints and investigating them;
• Management modeling appropriate behavior in the workplace;
• Training for supervisors and managers (at least two hours);
• Specialized training for anyone in the workplace who handles harassment complaints;
• Ensuring prompt, thorough, and fair investigation of complaints; and
• Prompt and fair remedial action.

Employers need to assure employees that their complaints of harassment will be handled promptly, and that their complaints will be taken seriously. This requires that the employer take certain steps to conduct a fair and impartial investigation into the allegations contained within the complaint.