Recent Developments and Practical Insights
Key Legislative and Regulatory Developments
Expanded Protections Under FEHA
The Fair Employment and Housing Act (FEHA) extends to all employers, regardless of size, and covers employees, job applicants, unpaid interns, volunteers, and independent contractors. This ensures broad legal protection against workplace harassment and discrimination.
Enhanced Employer Responsibilities
California employers must implement written anti-harassment policies that include:
- Clear complaint procedures
- Multiple reporting channels
- Confidentiality assurances
- Prompt and fair investigations
Additionally, employers with five or more employees are required to provide biennial harassment prevention training to supervisors and non-supervisory staff.
Notable Legal Cases Shaping the Landscape
Tesla’s Workplace Harassment Allegations
In 2024, Tesla settled with former employee Tyonna Turner, who alleged severe workplace harassment and wrongful termination after reporting the misconduct.
Activision Blizzard’s $54 Million Settlement
Following a 2021 lawsuit that revealed a toxic “frat boy” culture, Activision Blizzard reached a $54 million settlement in 2023. The resolution included pay equity adjustments and revised harassment policies to protect employees.
Snapchat’s Discrimination and Harassment Settlement
In 2024, Snapchat agreed to a $15 million settlement following claims of workplace harassment and discrimination. As part of the agreement, the company must undergo independent workplace reviews and implement mandatory training for all staff.
Legal Recourse for Victims
Filing a Complaint
Victims of workplace sexual harassment can file a complaint with the California Civil Rights Department (CRD) within three years of the last incident. The process involves:
- Submitting detailed written allegations
- Participating in possible mediation
- Exploring settlement options
Pursuing Legal Action
Employees also have the right to file a civil lawsuit seeking:
- Compensatory damages (e.g., lost wages, emotional distress)
- Punitive damages (for egregious employer conduct)
Retaliation is illegal—employers cannot punish employees for filing a complaint or participating in an investigation.
Addressing Common Misconceptions
- Myth: Harassment must be sexual in nature.
Fact: Harassment can also be gender-based or involve hostile treatment based on sex or gender identity. - Myth: Only women are victims.
Fact: Anyone—regardless of gender—can be a victim or perpetrator of workplace harassment. - Myth: Only supervisors can harass.
Fact: Harassment can come from coworkers, clients, vendors, or even third parties.
Conclusion
California’s evolving laws, high-profile settlements, and proactive employer mandates underscore the state’s strong stance against workplace sexual harassment.
Employers must remain compliant and responsive, while employees should feel empowered to report misconduct. Staying informed is key to building safe, respectful, and legally compliant workplaces.