Insights into California sexual harassment law

California is a very progressive state, and our legislature has enacted laws prohibiting sexual harassment that are more stringent than federal law, not to mention the law of most other states.

California has a lower standard to hold employers (as well as individuals, personally) liable for a workplace where harassment occurs. Employers must facilitate the reporting of sexual harassment and provide training to supervisors, to prevent sexual harassment.

Employers who “knew or should have known” of sexual harassment can be held liable. Even where third parties such as customers or vendors harass employees, this can form a basis for action.

The California Supreme Court has held that when a supervisor shows favoritism toward employees with whom he or she has romantic relationships, other employees have grounds for a lawsuit. Although fewer cases are being filed in recent years, large verdicts have been awarded to victims of sexual harassment.

Federal courts

Unfortunately, federal courts have recently found in favor of employers in situations where California courts would not. For example, federal courts have held that exposure to pornography is not enough to constitute sexual harassment, and have required a higher degree of severity and pervasiveness to hold employers liable.

Attorney Steven Rubin is a strong advocate for the rights of individuals in the workplace. He regularly litigates claims on behalf of employees against publicly traded corporations, major financial institutions, Fortune 500 companies, hospitals, retail establishments, and other employers across California and the United States.

Our firm investigates thoroughly, to build a strong case for you. Our attorneys represent employees exclusively. We make every effort to bring cases in California courts, which are more friendly toward plaintiffs.

California’s sexual harassment laws

The Department of Fair Employment and Housing in California is charged with fighting discrimination in employment. Sexual harassment can be a scourge for the affected worker.

We have fought all kinds of cases, including the most typical case, where a man is harassing a female subordinate, but also many other cases, including where a man is sexually harassing another man. We have been handling these cases for at least the last 15 years.

At The Rubin Law Corporation, we have handled and successfully settled large numbers of quid pro quo, hostile work environment sexual harassment cases against large and small employers alike, in arbitration, and in court. Many are settled without even going to court, on a confidential before litigation basis.

We have caught employers who condone or ratify the activities of their managers and employees by failing to conduct prompt, fair and impartial investigations, and by retaliating against victims when they are informed.

We know how to deal with the DFEH and with the Equal Employment Opportunity Commission so that you don’t have to. Are you being sexually harassed at work? Would you like to know your rights? Call The Rubin Law Corporation at 310-385-0777 or e-mail us to learn more.