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All employers, regardless of the number of employees, are covered by the harassment section of the FEHA. Employers are generally liable for harassment by their supervisors or agents. Harassers, including both supervisory and non-supervisory personnel, may be held personally liable for harassing an employee or coworker or for aiding and abetting harassment. Additionally, the law requires employers to take all reasonable steps to prevent harassment from occurring.
If an employer has failed to take such preventive measures, that employer can be held liable for the harassment. A victim may be entitled to damages, even though no employment opportunity has been denied and there is no actual loss of pay or benefits. This poster is not to be used in place of a sexual harassment prevention policy, which all employers are required to have.
Quick Labor Law Facts:
All employees must be made aware of the serious violations of the sexual harassment policy and must be cautioned against using peer pressure to discourage harassment victims from complaining. Employers who do business in California and employ 50 or more part-time or full-time employees must provide at least two hours of sexual harassment training every two years to each supervisory employee and to all new supervisory employees within six months of their assumption of a supervisory position.*
In addition, if an employer knows or should have known that a non-employee (e.g. client or customer) has sexually harassed an employee, applicant, or person providing services for the employer and fails to take immediate and appropriate corrective action, the employer may be held liable for the actions of the non-employee.*
*NOT LEGAL ADVICE OR OPINION. PLEASE CONSULT LEGAL EXPERT IN YOUR LOCAL AREA
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