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Who California Harassment Law Protects
The Fair Employment and Housing Act prohibits workplace harassment of more people than a company’s payroll, and it covers conduct by more than the boss.
General education for California employees—not legal advice. Your facts and deadlines control. This is not a Workplace Rights Advocacy case result. It explains the Civil Rights Department workplace notice in plain English. It is not the poster and it is not a complete statement of every exception.
Who is covered
California prohibits harassment of employees, job applicants, unpaid interns, volunteers, and independent contractors (people providing services under a contract). Government Code § 12940(j). A person does not have to be on the company payroll to be protected from harassment.
The prohibition reaches harassment by any person. That is not the same thing as automatic liability for the company. When a supervisor harasses an employee, special rules apply. When a coworker, client, or customer is the harasser, the employer is generally responsible if it knew or should have known and failed to take immediate and appropriate corrective action. Who did it changes the claim.
Which characteristics
Harassment is prohibited when it is based on any characteristic on the Civil Rights Department workplace notice, including sexual harassment. The notice lists ancestry; age (40 and above); color; disability (physical, developmental, mental health, and HIV/AIDS); genetic information; gender expression; gender identity; marital status; medical condition; military or veteran status; national origin; race, including hair texture and hairstyle; religion, including religious dress and grooming; reproductive health decisionmaking; sex and gender, including pregnancy, childbirth, breastfeeding, and related medical conditions; and sexual orientation. Actual or perceived traits count.
The law also prohibits harassment based on one characteristic or a combination of two or more. A person targeted because she is a Latina woman, or because he is an older worker with a disability, does not have to split the story into separate boxes.
What to keep
Save messages, the names of witnesses, dates, and whether you, an applicant, an intern, a volunteer, or a contractor was the target. Related reading: harassment, sexual harassment, and hostile work environment.
Related: Harassment Claims · Sexual Harassment · Duty to Prevent Harassment · Workplace Rights Notice