HandelontheLaw.com Staff Writer
The California Department of Fair Employment and Housing (DFEH) enforces laws against sexual harassment of employees, applicants and independent contractors. The DFEH imposes several requirements on employers regarding sexual harassment, including but not limited to: taking all reasonable steps to prevent that harassment; informing employees about the nature of sexual harassment, its illegality and legal remedies for sexual harassment, by the employer’s own publication or a DFEH brochure; providing sexual harassment prevention training for all supervisors if the employer is a public utility or has 50 or more employees. Furthermore, California’s laws are frequently tweaked by the legislature and courts. For example, as of 2014, employees filing sexual harassment claims under California’s Fair Employment and Housing Act (FEHA) need not allege or show that the harassment was motivated by sexual desire.
The claims process can be accomplished in several ways, including filing with the DFEH online here: http://esq5.houdiniesq.com/dfeh2/esq/reg/ When the employee files with the DFEH, he/she can file to have the DFEH investigate or for a “right to sue” without DFEH investigation. Though the web site is quite helpful, the “right to sue” option requires considerable information and specificity, along with some specialized legal knowledge, so employees wishing to sue for sexual harassment in the workplace should consult/retain a lawyer experienced in workplace discrimination to complete this DFEH form.
DO’S AND DON’TS
DO know that laws against sexual harassment in the workplace are enforced by California Department of Fair Employment and Housing (DFEH).
DO understand that several requirements regarding prevention, information and training are imposed on your employer regarding sexual harassment.
DO file claims for sexual harassment in the workplace with the DFEH online here: http://esq5.houdiniesq.com/dfeh2/esq/reg/
DON’T file for a “right to sue” yourself; rather consult/retain a lawyer experienced in workplace discrimination to complete this DFEH form.
By Kathy Catanzarite
Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither the author, handelonthelaw.com, or any of its affiliates shall have any liability stemming from this article.