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What are California’s Unique Sexual Harassment Laws?

Daily Legal Briefing by Daily Legal Briefing
August 30, 2022
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According to this amendment, employers in California are required to provide their employees with unpaid, job-protected leave to employees disabled by pregnancy complications. This is known as “pregnancy disability leave.”


While workplace sexual harassment is illegal on a nationwide scale due to federal laws, California also has its own unique laws that deal with this matter. In many areas, California actually provides additional protection to its residents compared to the “baseline” regulations set forth by federal laws like the Civil Rights Act. If you are a worker in San Jose, it makes sense to gain an understanding of these state laws. When you understand your rights, you can take legal action when they are violated. 

If you have experienced sexual harassment at your workplace in California, it makes sense to connect with a qualified attorney as soon as possible. These legal professionals can help you become more familiar with California’s unique laws. After an initial consultation, your attorney can recommend the best course of action and guide you towards a considerable settlement. During this legal process, your attorney can help you gather evidence, negotiate on your behalf, and represent you in court if necessary. 

Employer Requirements

According to California’s sexual harassment laws, employers are required to provide their employees with two hours of sexual harassment training every two years. These laws apply to all supervisory employees and employers with more than 50 employees. The DHEF provides employers with detailed instructions on exactly what this required training should look like. Many other states do not have this type of requirement, and it serves to help prevent sexual harassment in the workplace. 

Employers with five or more employees are required to provide one hour of sexual harassment prevention training to nonsupervisory employees. This training may be accessible on a computer or mobile device and they must be available in multiple languages. 

Punitive Damages

Under California law, victims of sexual harassment can work with the FEHA to recover punitive damages from their harassers. These punitive damages are only possible in certain situations, however. For example, punitive damages may be awarded when victims suffer harassment and retaliation from a corporation’s officers, directors, or managing agents.

Image of a Pregnant woman
Pregnant woman; image courtesy of piepie via Pixabay, www.pixabay.com

Pregnancy Disability Amendment

The FEHA was amended in 1978 to provide additional protections to women who are disabled due to pregnancy. According to this amendment, employers in California are required to provide their employees with unpaid, job-protected leave to employees disabled by pregnancy complications. This is known as “pregnancy disability leave.” If you find yourself in this situation, you are also eligible to receive temporary disability insurance benefits. Discrimination based on pregnancy is one of the most overlooked types of sexual harassment. 

Enlist the Help of a Qualified Attorney Today

Finding a qualified attorney in San Jose who can help with your sexual harassment lawsuit is easy. There are many lawyers in the area who will be more than willing to assist you. Connect with one of these legal professionals, you can approach this difficult situation in a confident, efficient manner. Book your consultation today to go over your full range of legal options. 



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