Harassment is a form of discrimination. It is illegal under federal and/or state laws to harass any employee on the basis of the protected characteristics: Sex/gender, age 40 and over, sexual orientation, race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition or genetic characteristic, martial status, pregnancy, childbirth and related medical conditions, family leave, status as domestic violence victim, medical leave, citizenship, and veteran/military status.

Below you will find our answered Ask the Lawyer questions and eNews articles grouped under FAQ catagories. Most of this content will require registration to view.

Employers: Stop sexual harassment lawsuits with our Anti-Harassment Policy package, harassment investigation checklist, training programs, books and tapes.

Employees: Enforce your rights with our harassment victim's rights guide, accused harasser's rights checklist and recommended books.

FAQs

• What is illegal harassment?
• What is NOT illegal?
• What are our responsibilities as management/HR?
• What are the California harassment compliance training regulations?
• What are my rights & responsibilities as a victim of harassment?
• What are my rights as a person accused?
• How are harassment cases resolved by the legal system?
• What did the Buddha say about sexual harassment?

Stop Costly Lawsuits

The US Supreme Court says that sexual harassment training and procedures protect employers from punitive damages.

• Sexual harassment training
• California harassment compliance training
• One on one coaching for accused harassers
• Sexual harassment policy and procedure
• Harassment investigation checklist
• Reports, books and tapes

Know Your Rights

• Accused harasser's checklist
• Harassment victim's checklist
• Books and tapes

---

FAQs

What is illegal harassment?

• Is calling her names harassment?
• Screaming at women is sexual harassment
• "Micro-managing" female boss jokes I'm "small" - is this harassment?
• Landmark case holds office affairs create hostile environment
• Can I get fired over untrue rumors of an affair?
• More men suing men for sexual harassment
• Racial & sexual harassment against "snitch" illegal
• Two new harassment cases buck conservative trend
• N.J. Supreme Court rules one racist comment = harassment
• Is this sexual harassment?
• Sexual harassment in Texas
• Is co-worker job harassment illegal?

Back to Top
Still have questions about Sexual Harassment Law? Ask the Lawyer!

What is NOT illegal?

• Is picture of "French maid" harassment?
• Supreme Court Overturns TV "Friends" Case
• Is jealous back-biting illegal harassment?
• Employee quit due to swearing - can he sue us?
• We told employee to remove religious pictures - can we be sued?
• Does a bodybuilding magazine create a hostile environment?
• California Appeals Court holds assault is not illegal harassment
• Sexual favoritism is not sexual harassment
• Not all harassment illegal
• This is not sexual harassment
• Is vulgarity by customers considered sexual harassment?
• Is calling her a fat cow illegal harassment?
• Is revealing sexual orientation at work sexual harassment?
• Is making coffee for boss illegal?
• Is swearing verbal harassment?
• Does on-site Bible study create hostile environment?

Back to Top
Still have questions about Sexual Harassment Law? Ask the Lawyer!

What are our responsibilities as management?

• Can you afford e-training?
• Company Wins Case With Good Investigation & Training
• Your Legal "To Do" List
• Final Warning to Harasser Must be Enforced
• "Hostile environment" or "Environmental harassment" - which is the right term for sexual harassment?
• DOD Loses Harassment Case for Failure to Train Harasser
• Company Wins Harassment Case When Victim Refuses Counseling
• Managers Required to Stop Harassment from Outsiders
• Harassment Victim Wins Retaliation Lawsuit
• "Smoking Gun" Not Needed to Prove Retaliation
• What should we do about salesmen harassing our employee?
• Company Loses Harassment Case Due to No Training
• Employee made racist remark - is it okay to let co-worker handle it?
• Straight manager at gay company "misunderstood" harassment - what should we do?
• How can sexual harassment classes prevent lawsuits?
• FBI Agent Loses Harassment Case, but Wins on Retaliation
• What should I do about my manager who harasses my subordinate?
• New case requires supervisors to report their manager's harassment
• Manager promoted his lover - can we demote employee but not manager?
• Workplace sexual assaults require more than oral warnings
• California requires supervisor sexual harassment training
• Multiple harassment policies can hurt company
• Promoting harasser to management leads to retaliation case
• Can company hire a private investigator to discover an affair?
• Can we fire an employee for dating her boss?
• Employee held to be supervisor in harassment case
• A Tale of Two Employers
• Abusive racial comments directed at other employees can aggravate effects of sexual harassment
• How far outside the workplace does sexual harassment go?
• Company loses case because of outdated Harassment Policy
• Harassment investigations should go beyond complaint
• Employer policy, investigation, action wins harassment cases
• Employer's guide to new EEOC harassment guidelines
• Prompt reporting and response eliminates sex harassment liability
• Managers NOT personally liable for mis-handling harassment complaints
• Evidence of harassment of other employees admissible at trial
• Supreme Court rules in landmark sexual harassment cases
• Court holds sexual harassment training program protects company
• Employer found liable where it "should have known" sexual harassment occurring
• Hilton Hotel held liable for Tailhook
• Employer sued for fraud after giving good reference to sexual harasser
• Can we fire victim of harassment who doesn't complain?
• If we fire one person for harassment, do we have to fire others?
• Should we fire him for looking down her blouse?
• How do we handle claims under the new law of sexual harassment?
• Can employer pursue sexual harassment claim even though no one has complained?
• Is a slap on the wrist enough to prevent harassment?
• What should company do about anonymous harassment?

Back to Top
Still have questions about Sexual Harassment Law? Ask the Lawyer!

What are the California Harassment Compliance Training Regulations?

• What are the required subjects that must be covered?
• What are the requirements for training format and delivery?
• What are the required qualifications for instructors?
• Do out of state workers, contractors, seasonal and temporary employees count toward the 50?
• When do I have to train new supervisors?
• Do I have to keep track of all the training we do?
• What do I need to do today to ensure our company is in compliance with CA regulations every two years?

Since 2005 the law requires training to prevent not only sexual harassment, but all forms of harassment, discrimination and retaliation. For more details see our white paper: It's Not Just Sexual Anymore: Training Requirements for California Employers.

Back to Top
Still have questions about Sexual Harassment Law? Ask the Lawyer!

What are my rights & responsibilities as a victim of harassment?

• Company wins harassment case after supervisor repeatedly exposes himself
• When harassment turns to romance -- "victim" returns money settlement
• Help! My female supervisors are harassing me!
• Failure to file sexual harassment complaint excuses company delay
• Employer may terminate woman who punches harasser
• Supervisor can sue for harassment by subordinate
• What is the statute of limitations for sexual harassment?

Back to Top
Still have questions about Sexual Harassment Law? Ask the Lawyer!

What are my rights as a person accused?

• Do harassment laws violate free speech?
• Can consensual sex lead to a harassment claim?
• California holds employees not liable for harassment
• False claim of harassment not slander unless made with malice
• Manager properly fired for off-site sexual activity
• Supervisor not personally liable for failing to stop sexual harassment
• Employer discretion upheld in sexual harassment case
• Do I have the right to know who my accusers are?
• Is it harassment to make a false claim of harassment?
• Can supervisor be fired for e-mails to lover-subordinate?
• What are my rights if accused of sexual harassment?
• Are there false claims of harassment?

Back to Top
Still have questions about Sexual Harassment Law? Ask the Lawyer!

How are harassment cases resolved by the legal system?

• When a harassed employee quits, your troubles may just be starting
• Supreme court limits damages in harassment cases
• Federal harassment defenses not allowed under California law
• Sexual harassment cases rarely overturned, study shows

Back to Top
Still have questions about Sexual Harassment Law? Ask the Lawyer!

What did the Buddha say about sexual harassment?

• What the Buddha said about sexual harassment

Back to Top
Still have questions about Sexual Harassment Law? Ask the Lawyer!

 

Employers: Stop Costly Lawsuits

• California Harassment Compliance Training for all supervisors on preventing harassment, discrimination and retaliation.
• Respectful Workplace: Understanding & Preventing Harassment, a training program offered for both management and employees
• Executive Seminars for your CEO, President, and Vice Presidents
• One-on-One Senstivity Training for accused harassers
• Harassment Prevention Training webinars
• Sexual harassment policy and procedure
• Harassment investigation checklist
• Sexual Harassment Law -- It's Not What You Think!, an explanation of how the courts (not the media) really define sexual harassment
• Understanding & Preventing Sexual Harassment (book)
• What to Do When You Don't Want to Call the Cops: A Non-Adversarial Approach to Sexual Harassment (book)

 

Employees: Know Your Rights

• Accused harasser's checklist
• Harassment victim's checklist
• Vacation rights of employees
• Games Mother Never Taught You: Corporate Gamesmanship for Women (book)
• Understanding & Preventing Sexual Harassment (book)
• Talking From 9 to 5: How men's and women's conversational styles affect who gets heard, who gets credit and what gets done at work (book)
• What to Do When You Don't Want to Call the Cops: A Non-Adversarial Approach to Sexual Harassment (book)