Harassment by coworkers is one of the most traumatic experiences an employee may go through. For the protection of employees against this type of harassment, California’s Fair Employment and Housing Act (FEHA) says that an employer may be held liable for workplace harassment even if the perpetrator was not a supervisor but only a coworker.
Under the FEHA, you have strong protections against any form of harassment at the workplace, no matter whether the perpetrator is a supervisor, coworker, independent contractor, client, or some other types of non-employees. Whether the harassment is legally a form of sexual harassment or non-sexual harassment, as a California employee, you have a right to be free from all types of workplace harassment.
Who can be Held Liable for Your Workplace Harassment in California?
As a California worker, if you experience harassment at the workplace, the individual who committed the unlawful act of harassment is personally liable for their misconduct. Additionally, the employer may also be held liable for the harasser’s misconduct. In workplace harassment lawsuits in the state, the liability of the employer will depend on:
- Who is the harasser?
- What is the work relationship between the victim and the harasser?
- What type of harassment has occurred at the workplace?
At The Rubin Law Corporation, our skilled and experienced California workplace harassment lawyers will help you understand the scope of employee protections under the FEHA is wide. Your right to sue the employer may not be limited only to a situation where the harasser is a supervisor and the victim is a subordinate. If you have been harassed by a coworker, our attorneys may be able to prove employer liability and get the financial compensation you rightfully deserve.
An Individual Harasser’s Liability
According to California’s Labor Code Section 12940, an individual that commits harassment of an employee is personally liable for their misconduct. The victim has a right to sue and recover financial damages from the perpetrator of such illegal conduct.
An Employer’s Liability for Workplace Harassment
Employers in California are strictly liable for the misconduct of a harasser at the workplace when the harasser is the victim’s supervisor. In other words, when a supervisor harasses an employee, the victim has a clear right to sue the employer for harassment and recover monetary damages from them.
In case of harassment by coworkers (non-supervisory employees) as well as non-employees over whom the employer had control, the worker can sue the employer for harassment. Clients visiting the workplace and independent contractors are examples of such persons over whom the employer has control. When a worker reports harassment, the employer is required by law to take prompt and appropriate action to protect the victim.
Legal Definition of a Superior in California
California law defines a supervisor as any individual who while exercising independent judgment has the following types of authority over other employees:
- Hire
- Transfer
- Layoff
- Suspend
- Discharge
- Assign
- Promote
- Recall
- Discipline
- Reward
Under California laws, supervisors are also entrusted with the responsibility to direct or guide other employees as well as to address their workplace grievances.
Harassment by Non-Supervisory Coworkers in California
If you were harassed by a coworker who is not your supervisor, you may be able to sue your employer for damages under the provisions of FEHA. In these cases, you will have to prove the negligence of the employer in order to hold them liable. Our experienced workplace harassment attorneys will build evidence to establish that your employer was aware or should have been aware that the harassment was occurring at the workplace.
We will also prove that your employer failed to take appropriate and urgent corrective action to protect your rights and firmly put an end to the harassment. In cases where co worker harassment is involved, the successful establishment of the employer’s liability will depend on showing that employer was in a position to prevent or stop your harassment, but failed to do so. We will also determine and prove that the employer’s response to complaints of coworker harassment or the signs that it was occurring was absent, inadequate, delayed or negligent.
If we can show that coworker harassment should have been apparent, particularly to persons in positions of authority, the employer in California will be deemed “on notice” with regard to the harassing conduct. In this situation, the court will look at whether the employer undertook proactive measures to end or prevent harassment. Failure of the employer on this account will likely prove their negligence – even if the harassed worker did not make a complaint.
Finally, the past track record of the employer in handling complaints of coworker harassment will be pertinent to your claim. Our workplace harassment attorneys will find evidence to prove that the employer’s past record in acting on complaints of harassment did not inspire confidence in the employees. If a number of employees, including the victim, felt that a harassment complaint in the organization was unlikely to produce any results or that a hostile work environment existed, it becomes easier to prove that the employer was negligent in your case.
Harassment by a Client or Customer
When a client or customer of the business harasses a worker, an employer may sometimes want to protect the client more than they may want to protect the victim of the harassment. Our workplace harassment lawyers will look for evidence to show that the employer made an attempt to brush the incident under the carpet, placated the harasser client, tried to defuse the situation, or simply turned a blind eye to the unlawful conduct in order to protect their future business from the client.
If we can prove these facts, the employer may be held liable for damages under the Civil Rights Act as well as FEHA because they failed in their duty to protect an employee from harassing behavior of others when it was within their power to do so.
Get Our Experienced California Workplace Harassment Attorneys on Your Side
At The Rubin Law Corporation, our skilled and compassionate workplace harassment lawyers know the legal distinction between coworker harassment and supervisor harassment. We have the experience and resources to uncover the facts that point to your employer’s liability, particularly if wrongful termination or employer retaliation is involved.
Led by seasoned contract lawyer Steven Rubin, our legal team will do everything within the ambit of law to fight for your rights and help you recover the financial damages you may be entitled to. To schedule a consultation with us, call us at (213) 996-0196 or contact us online.