California Sexual Harassment Fact Sheet Poster Required

SEXU
AL
HARASSMENT	
  	
FACT SHEET	
THE  DEPA RTMEN T OFFAIR EMP LOYMENT  ANDHOUS ING
TH E MIS SION OF  THE DEPART MENTOF FAIR  EMPLOYMENT
A ND HOUSING  ISTO  PROTEC T THE PEOP LE OF CALIFORNIA
FROM UNLAWFUL DISCRIMINATI ON IN EMPLOYMENT,
HOU SING AND PUBLIC A CCOMMODATIONS,AND FR OM
TH E PERPETRAT ION OF  ACTS OF HATE VIOLENC E AND
HUMA N TR AFFICKING.	
Sexual harassment is a form of discrimination 
based on sex/gender (including pregnancy, 
childbirth, or related medical conditions), gender 
identity, gender expression, or sexual orientation. 
Individuals of any gender can be the target of sexual 
harassment. Unlawful sexual harassment does 
not have to be motivated by sexual desire. Sexual 
harassment may involve harassment of a person 
of the same gender as the harasser, regardless of 
either person’s sexual orientation or gender identity.
THERE ARE TWO TYPES 
OF SEXUAL HARASSMENT	
 	
1.
2.
3.
4.
5.
6. Actual or threatened re
taliation for rejecting advances 	
or 
complaining about harassment 	
is also u n	lawful.
Employees or job 	
applicants who  believe  that they have  
been sexually harassed or retaliated against may file a 
complaint of discrimination with 	
DFEH within three  	years 
of  the  last act of harassment or retaliation. 
DFEH se rves as a neutral fact-finder and attempts to 
help the par ties voluntaril	
y resolve disputes. If DFEH 
finds sufficient 	
evidence  	to e stablish that 	discrimination 
occurred and se ttlement efforts fail, the Department may 
file  a civil compl	
aint in state  	or federal court to  	address 
the  cau ses of the discr imination and 	
on behalf of the  
complaining party. DFEH may seek court orders changing 
the  employer’s policies and practices,
 punitive  damage s, 
and attorney’s 	
fees and costs 	if it prevails 	in litigation. 
Employees can al	
so pu rsue the  matter through a private 
lawsuit in civil	
 court after a complaint has 	been filed with 
DFEH  and a Right-to-Sue No tice has been issued.  
EMPLOYER RESPONSIBILITY & LIAB	
ILIT	Y
All  employer s, regardle ss of the  num	
be r of employe es, are 
covered b y 	
the harassme nt provisions of California law.	 
Employers are  liable for harassme n	
t by their supervisors 
or agents. All h	
arassers, includin	g both supervisory and 
non-supervisory 	
personnel, m	ay be  he ld personally liable  
for harassment or for aiding and abetting harassment. 
The  law requires employers to  take re asonable st eps 
to pre vent harassment.	
 If an employer fails to tak e 
such steps, that employer can be  h	
eld  liable for the  
harassment. In addition, an empl
oyer may be  l	iable 
for the harassment by a non-empl	
oyee  (for example, a 
cl	
ient or custom	er) of an empl	oyee, applicant, or person 
providing services for the  employer. An employer will 
only be  liable for this form of h
arassment if it kn	ew or 
should have kno wn of the harassme n	
t, and failed to  take 
immediate and appropriate corre ctive action.
Employers have  an affirmative  	
duty to  	take reasonable  
steps to preven	
t and promptly correct discriminatory and 
harassing conduct, and to cre ate a workplace  free of 
harassment.
A program to  eliminate  sexual harassment from the  
workplace  is not only required b y law, but it is the most 
practical way for an employer 	
to avoid or limit 	liability if 
harassment occurs.

SEXUAL HARASSMENT
FACT SHEET	
THE DEPA RTMEN T OF FAIR EMP LOYMENT  AND HOUS ING
TH E MIS SION OF  THE DEPART MENTOF FAIR  EMPLOYMENT
A ND HOUSING  ISTO  PROTEC T THE PEOP LE OF CALIFORNIA
FROM UNLAWFUL DISCRIMINATI ON IN EMPLOYMENT,
HOU SING AND PUBLIC A CCOMMODATIONS,AND FR OM
TH E PERPETRAT ION OF  ACTS OF HATE VIOLENC E AND
HUMA N TR AFFICKING.	
CIVIL REMEDIES
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ALL EMPLOYERS MUST TAKE THE 	FOLLOWING 
ACTIONS TO PREVENT HARASSMENT AND 
CORRECT IT WHEN IT OCCURS:	
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