California Free Printable Labor Law Posters Posters California Sexual Harassment Facts Poster Required

 Sexual Harassment Facts Poster PDF

The Sexual Harassment Facts Poster is a labor law posters poster by the California Department Of Industrial Relations. This is a mandatory posting for all employers in California, and businesses who fail to comply may be subject to fines or sanctions.

This poster provides information on what constitutes sexual harassment, and describes employer's responsibilities in preventing sexual harassment as well as recourse for employees who have been sexually harassed.

California law requires that all employers distribute copies of this document (DFEH-185P) or an alternative writing that complies with Government Code 12950. A fact sheet with similar information is also available that complies with this requirement.

This poster is published by the California Department of Fair Employment and Housing.


CA All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both California and Federal poster requirements by clicking here .

SEXUAL
HARASSMENT	
The harassment must be severe or pervasive to be unlawful. A 
single act of harassment may be sufficiently severe to be unlawful.
Behaviors that may be sexual harassment
1.  Unwanted sexual advances 
2.  Offering employment benefits in exchange for 
  sexual favors 
3.  Leering; gestures; or displaying sexually suggestive 
  objects, pictures, cartoons, or posters
4.  Derogatory comments, epithets, slurs, or jokes 
5.  Graphic comments, sexually degrading words, or 
  suggestive or obscene messages or invitations
6.  Physical touching or assault, as well as impeding 
  or blocking movements	
THE FACTS
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.  “Quid pro quo” (Latin for “this for that”) sexual harassment is when 
someone conditions a job, promotion, or other work benefit on your 
submission to sexual advances or other conduct based on sex. 
2.  “Hostile work environment” sexual harassment occurs when unwelcome 
comments or conduct based on sex unreasonably interferes with your 
work performance or creates an intimidating, hostile, or offensive work 
environment. You may experience sexual harassment even if the offensive 
conduct was not aimed directly at you. 	
T H E D EPA RTM EN T O F F A IR  EMP LO YMEN T A N D HOUS IN G
T H E M IS SION  OF  TH E D EPA R TM EN T OF  FA IR  E M PLO YM EN T 
A N D H OU SIN G IS  T O  P R OTE C T T H E P EO PLE  OF  CALIF O R N IA  
F R OM  U NLA W FU L D IS C R IM IN ATION  IN  E M PLO YM EN T, 
H OU SIN G A N D P U B LIC  A C CO M MODATION S, A N D  F R OM  
T H E P ER PETR ATION  OF A C TS  O F H ATE  V IO LE N CE A N D 
H U M AN  T R AFFIC KIN G.

SEXUAL
HARASSMENT	
Actual or threatened retaliation for rejecting advances or 
complaining about harassment is also unlawful.
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 serves as a neutral fact-finder and 
attempts to help the parties voluntarily resolve disputes. 
If DFEH finds sufficient evidence to establish that discrimination 
occurred and settlement efforts fail, the Department may file a civil 
complaint in state or federal court to address the causes of the 
discrimination and on behalf of the complaining party. DFEH may 
seek court orders changing the employer’s policies and practices, 
punitive damages, and attorney’s fees and costs if it prevails in 
litigation. Employees can also pursue the matter through a private 
lawsuit in civil court after a complaint has been filed with DFEH and 
a Right-to-Sue Notice has been issued.
EMPLOYER RESPONSIBILITY & LIABILITY
All employers, regardless of the number of employees, are covered by 
the harassment provisions of California law. Employers are liable for 
harassment by their supervisor or agents. All harassers, including 
both supervisory and non-supervisory personnel, may be held 
personally liable for harassment or for aiding and abetting 
harassment. The law requires employers to take reasonable steps to 
prevent harassment. If an employer fails to take such steps, that 
employer can be held liable for the harassment. In addition, an 
employer may be liable for the harassment by a non-employee (for 
example, a client or customer) of an employee, applicant, or person 
providing services for the employer. An employer will only be liable   
for this form of harassment if it knew or should have known of        
the harassment, and failed to take immediate and appropriate  
corrective action.
Employers have an affirmative duty to take reasonable steps to 
prevent and promptly correct discriminatory and harassing conduct, 
and to create a workplace free of harassment.
A program to eliminate sexual harassment from the workplace is not 
only required by law, but it is the most practical way for an employer 
to avoid or limit liability if harassment occurs.
ALL EMPLOYERS MUST TAKE THE FOLLOWING 
ACTIONS TO PREVENT HARASSMENT AND 
CORRECT IT WHEN IT OCCURS:	
 
1.  Distribute copies of this document or an alternative writing that 
complies with Government Code 12950. This document may be 
duplicated in any quantity.
2.  Post a copy of the DFEH employment poster “California 
Law Prohibits Workplace Discrimination and Harassment.”
3.  Develop a harassment, discrimination, and retaliation 
prevention policy in accordance with 2 CCR 11023. 
The policy must:
•  Be in writing.
•  List all protected groups under the FEHA.
•  Indicate that the law prohibits coworkers and third parties, as 
  well as supervisors and managers with whom the employee
  comes into contact, from engaging in prohibited harassment.
•  Create a complaint process that ensures confidentiality to 
  the extent possible; a timely response; an impartial and 
  timely investigation by qualified personnel; documentation 
  and tracking for reasonable progress; appropriate options 
  for remedial actions and resolutions; and timely closures.
• Provide a complaint mechanism that does not require
  an employee to complain directly to their immediate supervisor. 
  That complaint mechanism must include, but is not limited to    including: provisions for direct communication, either orally 
  or in writing, with a designated company representative; and  / or a  
  complaint hotline; and/  or access to an ombudsperson; 
  and/or identification of DFEH and the United States Equal 
  Employment Opportunity Commission as additional avenues 
  for employees to lodge complaints.
•  Instruct supervisors to report any complaints of misconduct to a
  designated company representative, such as a human resources
  manager, so that the company can try to resolve the claim internally.
  Employers with 50 or more employees are required to include this 
  as a topic in mandated sexual harassment prevention training 
  (see 2 CCR 11024) .
•  Indicate that when the employer receives allegations of misconduct, 
  it will conduct a fair, timely, and thorough investigation that provides 
  all parties appropriate due process and reaches reasonable
  conclusions based on the evidence collected.
•  Make clear that employees shall not be retaliated against as a 
  result of making a complaint or participating in an investigation.
4.  Distribute its harassment, discrimination, and retaliation 
prevention policy by doing one or more of the following:
•  Printing the policy and providing a copy to employees with an 
  acknowledgment form for employees to sign and return.
•  Sending the policy via email with an acknowledgment return form.
•  Posting the current version of the policy on a company intranet with 
  a tracking system to ensure all employees have read and 
  acknowledged receipt of the policy.
•  Discussing policies upon hire and/or during a new hire orientation. 
•  Using any other method that ensures employees received and 
  understand the policy.
5.  If the employer’s workforce at any facility or establishment contains ten 
percent or more of persons who speak a language other than English as 
their spoken language, that employer shall translate the harassment, 
discrimination, and retaliation policy into every language spoken by at least 
ten percent of the workforce.
6.  In addition, employers who do business in California and employ 5 or
more part-time or full-time employees must provide at least one hour of
training regarding the prevention of sexual harassment, including
harassment based on gender identity, gender expression, and sexual
orientation, to each non-supervisory employee; and two hours of such
training to each supervisory employee. All employees must be trained by 
January 1, 2021. Beginning January 1, 2021, new supervisory employees 
must be trained within six months of assuming their supervisory position, 
and new non-supervisory employees must be trained within six months of 
hire. Employees must be retrained once every two years. Please see Gov. 
Code 12950.1 and 2 CCR 11024 for further information.	
CIVIL REMEDIES
1.  Damages for emotional distress from each employer or 
  person in violation of the law
2.  Hiring or reinstatement
3.  Back pay or promotion
4.  Changes in the policies or practices of the employer
To schedule an appointment, contact the Communication Center below. 
I f you have a disability that requires a reasonable accommodation, the 
DFEH can assist you by scribing your intake by phone or, for individuals 
who are Deaf or Hard of Hearing or have speech disabilities, through the 
California Relay Service (711) , or you can contact us below	
.	
CONTACT US
Toll Free: (800) 884-1684
TTY: (800) 700-2320 
[email protected]
www.dfeh.ca.gov 	
SEXUAL
HARASSMENT	
DFEH-185P-ENG / December 2019	* Effective 1/1/2020.

Other California Labor Law Posters 4 PDFS

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Source: http://www.laborposters.org/california/3843-sexual-harassment-poster-poster.htm