Does harassment qualify as wrongful termination?

In California, harassment can qualify as wrongful termination. This means that an employee can be fired due to harassment in the workplace and can take legal action to seek recourse. Harassment is any unwelcome conduct which is based on race, color, religion, sex, national origin, disability, age, or other protected characteristics. Any conduct deemed to be abusive, hostile, or offensive to an individual or group can be considered harassment. Examples of such behavior can include physical touching, verbal abuse, jokes, and threats. An employee can claim to have been wrongfully terminated if their employer has engaged in any type of harassment. In California, employees are protected by the Fair Employment and Housing Act (FEHA), which prohibits employers from using harassment as a basis for termination. The FEHA also prohibits employers from retaliating against employees who speak up against harassment in the workplace. The law also dictates that employers must take appropriate action to stop harassment in the workplace. If an employee feels as though they have been wrongfully terminated due to harassment, they can file a legal claim with the California Department of Fair Employment and Housing (DFEH). The DFEH will investigate the claim and if necessary, can bring a lawsuit against the employer for wrongful termination. It is important for employees to know that they are protected when it comes to wrongful termination related to harassment in the workplace.

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