How Employer Responses to Sexual Harassment Claims Can Impact Liability in California

Recently, the Sloan Management Review highlighted how employers can mishandle sexual harassment allegations,potentially exacerbating the harm to victims. In California, employers have specific legal obligations regarding sexual harassment complaints. Failure to meet these obligations can result in significant liability.

Common Employer Mistakes:

1. Inaction: Dismissing a complaint without investigation can lead to liability.
2. Inadequate Investigation: Delays, incomplete investigations, or failure to take corrective action can be grounds for legal action.
3. Retaliation: Punishing an employee for reporting harassment is illegal and can result in additional liability.

California Law and Employer Liability:

• Duty to Prevent and Correct: Employers are generally liable for sexual harassment by supervisors.
• Defenses: Employers may claim they took reasonable care to prevent and correct harassment. However, this defense can be undermined by inadequate investigations or failure to discipline harassers.
• Retaliation: California law explicitly prohibits retaliation against employees who report harassment.

Seeking Legal Help:

If you’ve experienced sexual harassment or retaliation in California, it’s crucial to consult with an experienced employment attorney. They can assess your case, advise on your rights, and help you pursue legal action if necessary.

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Additional Notes:

• Specific California Laws: Reference relevant California Labor Code sections, such as §1101, which prohibits sexual harassment.
• Recent Case Law: Cite any recent California court cases that have addressed employer liability for sexual harassment.
• Resources: Link to relevant California Department of Fair Employment and Housing (DFEH) resources or other helpful organizations.

By understanding California’s specific laws and the potential consequences of improper employer responses, victims of sexual harassment can take informed steps to protect their rights and seek justice.