Failure to prevent discrimination and harassment. Is your employer on the hook?
Updated: Aug 23, 2022
Federal Law grants you rights and protection from discrimination and harassment. As an employee in California you are granted an extension on those rights and protections via FEHA. FEHA places the responsibility of preventing discrimination and harassment onto your employer. Your employer must take reasonable steps necessary to prevent discrimination or harassment from occurring. California Labor Code §12940(k)
What are the reasonable steps necessary to prevent discrimination or harassment?
Reasonable steps necessary include prompt investigation of discrimination claims, establishment and enforcement of anti-discrimination policies, and implementation of effective procedures to handle discrimination complaints.
What if I’ve been discriminated against or harassed, what is my employer responsible for?
Your employer also has the responsibility to promptly and thoroughly investigate all allegations of harassment. Your employer’s investigation of a sexual harassment complaint is not a gratuitous or optional undertaking
FEHA has provisions that requires organizations to create and meaningfully communicate anti-harassment policies, to train supervisors and employees, to investigate complaints of discrimination and harassment properly, and to respond appropriately to harassment and discrimination.
Failure to comply with these provisions has lead to mult-imillion dollar awards and large settlements.
Has your employer failed in preventing discrimination and harassment?
Call us immediately, our discrimination and harassment attorney will provide you with a free consultation.
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California Labor Code Section 12940 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12940.