sexual harassment

California has strict laws around sexual harassment in the workplace, and organizations are required to engage in specific trainings and prevention strategies. These types of claims are often in the news, and they grab attention. A lot of attention. Your policies must be up to date and easily actionable. Your response to a complaint of sexual harassment must be a thorough, impartial, and swift investigation, that protects employees and the organization. Sexual harassment covers both different sex/gender and same sex/gender harassment. There is no distinction.

Sexual Harassment is covered by the California Government Code. Additional California laws may provide further claims, such as the Tom Baine Civil Rights Act, the California Code of Civil Procedure, or the Ralph Civil Rights Act of 1976, and the California Civil Code. 

In California, there are only three types of people who can conduct a sexual harassment investigation: an internal Human Resources employee (assuming they’re properly trained), a California licensed Private Investigator (who is properly trained), or a California licensed attorney (who is properly trained). 

If you have a sexual or other harassment issue, and the employee is immediate physical danger, call 9-1-1. The employee can also report the incident to your local police department. As the employer, you have a duty to immediately and impartially investigate the matter, and take corrective action, if appropriate. 

Contact Michael Trust Law today to discuss your specific situation and how we can partner with your organization to help you avoid and defend against these types of issues.