What is the legal definition of sexual harassment?
In California, sexual harassment is defined as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that is made a condition of a person’s employment, affects the individual’s employment opportunities, or creates an intimidating, offensive, or hostile work environment. Harassment can include, but is not limited to, making comments of a sexual nature, telling jokes or stories of a sexual nature, sending emails or text messages of a sexual nature, making sexual gestures, or displaying sexual images in the workplace. The law also prohibits the use of gender-related comments, profanity, and insults targeted at individuals on the basis of their sex. Sexual harassment is a form of sex discrimination prohibited by the California Fair Employment and Housing Act (FEHA). This law makes it illegal for employers to discriminate against individuals because of their gender, as well as to create a hostile work environment that is pervasive and severe. This includes sexual harassment. Employers in California are required to provide employees with written policies and procedures for responding to and preventing sexual harassment, as well as other forms of discrimination. Employers must also provide training on the issue to all employees, supervisors, and managers. If an employee experiences sexual harassment, they should report it to their employer according to the organization’s policies and procedures. If the employer fails to take action in response to an incident, the employee may be able to file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH can investigate the incident and may assess penalties against the employer if warranted.
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