Who is responsible for sexual harassment in the workplace?
An employer generally has to be on notice that a co-worker, or even a vendor, is harassing an employee before the employer is responsible. However, an employer is strictly liable for the sexual harassment of an employee’s supervisor. In addition, the Fair Employment and Housing Act (FEHA) requires employers to take reasonable steps to prevent unlawful harassment in the workplace. For companies that have fifty (50) or more employees, FEHA requires at least two hours of classroom or other interactive training regarding sexual harassment for all supervisors. Under California law, the Fair Employment and Housing Act (FEHA) declares the public policy of the state is to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgement on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, MARITAL STATUS, SEX, or age (California Government Code §12