Study Points
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Study Points
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The California Department of Fair Employment and Housing (DFEH) indicates that employees are protected from illegal discrimination and harassment based on all of the following, EXCEPT:
Click to ReviewHarassment: Any "unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability, or genetic information" [4]. The California Civil Rights Department (CRD) (previously the Department of Fair Employment and Housing or DFEH) indicates that employees are protected from illegal discrimination and harassment based on their actual or perceived: ancestry; age; color; disability; genetic information; gender identity; gender expression; marital status; medical condition; military or veteran status; national origin; race; religion; sex/gender; and sexual orientation. While harassment is not necessarily illegal, it can become unlawful when the offensive conduct creates a work environment that is considered intimidating, hostile, or abusive, or when enduring that conduct becomes a condition of employment [4].
Harassment in which a person in position of authority or power implies or expressly demands something in exchange for a benefit or to avoid a punishment in the workplace is
Click to ReviewQuid pro quo harassment: A type of harassment in which a person in position of authority or power implies or expressly demands something from the victim in exchange for a benefit (e.g., promotion) or to avoid a punishment (e.g., termination) in the workplace. Quid pro quo is Latin for "something for something" [7].
If an employee's work schedule is modified following a report of sexual harassment, this may be construed as
Click to ReviewRetaliation: The act of punishing job applicants or employees for asserting their rights to be free from employment discrimination, including harassment. It is unlawful to retaliate for filing or being a witness to a complaint; reporting discrimination or harassment to a supervisor or manager; and/or resisting sexual advances or intervening to protect others. Participating in a complaint process is protected from retaliation under all circumstances. Retaliation can include demotions, verbal and/or physical abuse, threats, and creating a work environment that places undue stress on an employee, such as schedule changes or denying personnel assistance or job-related equipment [6].
A harassment, discrimination, and retaliation prevention policy must
Click to ReviewOften, a human resource representative will provide the required information for supervisors and employees; however, it is the responsibility of all employees to understand these requirements and ensure that the requirements are being adhered to. Mandates from the CRD indicate that the following items must be provided for employees [12]:
Distribution of a document that complies with Government Code 12950. Free documents are provided by the CRD, although companies may choose to provide their own.
A posted copy of the CRD employment poster "California Law Prohibits Workplace Discrimination and Harassment."
A harassment, discrimination, and retaliation prevention policy in accordance with 2 CCR 11023. This policy must:
Be in writing.
List all protected groups under California's Fair Employment & Housing Act (FEHA).
Indicate that the law prohibits coworkers and third parties, as well as supervisors and managers with whom the employee comes into contact, from engaging in prohibited harassment.
Create a complaint process that ensures confidentiality to the extent possible; a timely response; an impartial and timely investigation by qualified personnel; documentation and tracking for reasonable progress; appropriate options for remedial actions and resolutions; and timely closures.
Provide a complaint mechanism that does not require an employee to complain directly to their immediate supervisor. This complaint mechanism must include, but is not limited to including: provisions for direct communication, either orally or in writing, with a designated company representative; and/or a complaint hotline; and/or access to an ombudsperson; and/or identification of CRD and the U.S. Equal Employment Opportunity Commission (EEOC) as additional avenues for employees to lodge complaints.
Instruct supervisors to report any complaints of misconduct to a designated company representative, such as a human resources manager, so that the company can try to resolve the claim internally. Employers with 50 or more employees are required to include this as a topic in mandated sexual harassment prevention training.
Indicate that when the employer receives allegations of misconduct, it will conduct a fair, timely, and thorough investigation that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected.
Make clear that employees shall not be retaliated against as a result of making a complaint or participating in an investigation.
Employers must provide translated copies of their harassment, discrimination, and retaliation prevention policy if
Click to ReviewIf the employer's workforce at any facility or establishment contains 10% or more of persons who speak a language other than English as their preferred language, that employer shall translate the harassment, discrimination, and retaliation policy into every language spoken by at least 10% of the workforce.
All employees have an obligation to
Click to ReviewAll employees have an obligation to report harassment. Sexual harassment can be based on sex, gender, and sexual orientation, and the person reporting does not have to be the direct target. It is best to follow the saying, "If you see something, say something." Reporting a hostile work environment or sexual harassment is a role that should be filled by all employees [11].
A supervisor should NOT personally conduct an investigation of a sexual harassment claim if
Click to ReviewA supervisor is required to act on any reports of sexual harassment, whether mild or serious in nature. Mild behavior, such as an off-handed comment, can often be resolved by counseling the offending party. For more serious complaints, an unbiased investigation must take place after a complaint is filed. During this investigation, relevant information should be collected, reviewed, and analyzed to reach a fair conclusion. It is the supervisor's role to promptly begin the investigation process. The supervisor does not need to be the one to conduct the investigation and must not if there is any bias. A trained impartial individual of greater authority than the accused should conduct the investigation. Often, a representative from human resources, either internally or contracted, will conduct investigations of matters of harassment.
All of the following are ways to prevent harassment, EXCEPT:
Click to ReviewPreventing harassment is best accomplished by a very clear policy that promotes intolerance to any type of discrimination. As discussed, ways to prevent harassment can be accomplished through:
Thorough and concise policies and procedures
Ensuring all employees and supervisors understand their responsibilities
Awareness through required distribution of information and posters
Providing information for reporting processes and resources
Creating a respectful and inclusive work environment
Making information accessible in different languages
Participating in a complaint process is protected from retaliation
Click to ReviewParticipating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected so long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it.
If an employer acts because of the employee's EEO activity to give a performance evaluation that is lower than warranted, this could be considered
Click to ReviewFor example, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to:
Reprimand the employee or give a performance evaluation that is lower than warranted
Transfer the employee to a less desirable position
Engage in verbal or physical abuse
Threaten to make or actually make reports to authorities (such as reporting immigration status or contacting the police)
Increase scrutiny
Spread false rumors
Treat a family member negatively (e.g., cancel a contract with the person's spouse)
Make the person's work more difficult (e.g., punishing an employee for an EEO complaint by purposefully changing his or her work schedule to conflict with family responsibilities)
- Back to Course Home
- Participation Instructions
- Review the course material online or in print.
- Complete the course evaluation.
- Review your Transcript to view and print your Certificate of Completion. Your date of completion will be the date (Pacific Time) the course was electronically submitted for credit, with no exceptions. Partial credit is not available.