Workplace Sexual Harassment Attorneys in Los Angeles

In California, multiple parties can be held accountable for workplace sexual harassment. Liability depends on who committed the harassment, their role in the company, and whether the employer took action to prevent or stop the misconduct. Both employers and individuals may face legal consequences if harassment is proven.

The Employer: Responsibility Under California Law
Employers in California have a legal obligation to prevent, address, and eliminate sexual harassment in the workplace. Under the Fair Employment and Housing Act (FEHA) and federal law, companies must:

• Implement and enforce anti-harassment policies that clearly define unacceptable behavior.
• Provide regular sexual harassment training for employees and supervisors.
• Investigate complaints promptly and take corrective action when harassment is reported.
• Prevent retaliation against employees who report harassment or participate in investigations.

If an employer fails to take reasonable steps to prevent or address workplace harassment, they can be held liable for damages, including lost wages, emotional distress, and punitive damages. Employers can also be sued for negligent hiring, training, or supervision if they fail to discipline or remove known harassers from the workplace.

Supervisors and Managers: Strict Liability for Sexual Harassment
Supervisors, managers, and executives hold positions of authority, making sexual harassment by someone in a leadership role especially serious. In California, employers are strictly liable for harassment committed by supervisors, meaning:

• If a manager, supervisor, or company owner sexually harasses an employee, the employer automatically bears legal responsibility, even if they were unaware of the misconduct.
• Quid pro quo harassment, where a supervisor conditions job benefits on sexual favors, directly implicates the employer in legal liability.
• If a manager retaliates against an employee for rejecting advances or reporting harassment, both the supervisor and the company may be sued.

Because of this strict liability, companies must ensure that those in leadership positions are properly trained on sexual harassment laws and held accountable for any misconduct.

Coworkers and Third Parties: Indirect Employer Liability
Sexual harassment does not always come from a supervisor. Coworkers, clients, vendors, independent contractors, and even customers can engage in workplace harassment. Under California law:

• Employers must act if they know or should have known that an employee is being harassed by a coworker or third party.
• If an employee reports harassment from a coworker or non-employee, the employer must investigate and take corrective action.
• Failing to protect employees from known harassment can result in employer liability, even if the harasser is not a supervisor.

For example, if an employer allows a vendor to repeatedly harass employees without intervening, they can be sued for failing to provide a safe work environment.

Employer Negligence and Liability for Workplace Harassment
If an employer neglects their responsibilities or ignores complaints, they can be sued for:

• Negligent Hiring: Failing to screen employees for past harassment or misconduct.
• Negligent Retention: Keeping an employee on staff despite complaints or prior harassment allegations.
• Failure to Train: Not providing legally required sexual harassment prevention training.
  Failure to Investigate: Ignoring or mishandling harassment complaints.

Employers who do not take immediate, appropriate action to stop harassment may be held responsible in a lawsuit. If you have been sexually harassed at work and your employer failed to protect you, you may be entitled to financial compensation.