- Definition of Sexual Harassment Under FEHA & Title VII
- Every training must explain how harassment is defined, including both quid pro quo harassment and hostile work environment harassment.
- Statutes and Case-Law Principles Employees and supervisors should learn about the laws and case precedents that prohibit and prevent harassment.
- Meritor Savings Bank v. Vinson (1986) – Confirmed that sexual harassment violates Title VII and that a hostile work environment, even without economic loss, is illegal.
- Faragher v. City of Boca Raton (1998) and Burlington Industries, Inc. v. Ellerth (1998) – Clarified employer liability and defenses regarding harassment by supervisors.
- Oncale v. Sundowner Offshore Services, Inc. (1998) – Ruled that same-sex harassment is also covered under Title VII.
- Examples of Sexual Harassment in the Workplace
- From offensive jokes and comments to unwanted advances, inappropriate images, or physical conduct—training should highlight real-world examples of harassment.
- Remedies Available to Victims
- Victims have the right to file internal complaints or seek external remedies through the EEOC or the California Civil Rights Department.
- Prevention Strategies That Work
- Training must include bystander intervention techniques, proactive communication, and preventive steps supervisors can take.
- Supervisors’ Duty to Report Harassment
- Supervisors are legally obligated to report incidents they witness or hear about.
- Confidentiality in the Complaint Process
- Confidentiality is protected but not absolute; some details may need disclosure during investigations.
- Reporting Resources for Victims
- Employees should know internal reporting contacts and external agencies available for support.
- Employer Obligations to Correct Harassment
- Employers must take prompt corrective action when harassment occurs, including training, counseling, or disciplinary measures.
- Handling Complaints Against Supervisors
- Employees should know alternative reporting channels and employers must ensure fair, impartial investigations.
- Effective Anti-Harassment Policy Essentials
- Training should cover your company’s policy, anti-retaliation protections, and reporting procedures.
- Abusive Conduct (Workplace Bullying)
- California law (Gov. Code 12950.1(g)(2)) requires training on abusive conduct like verbal abuse, humiliation, or sabotage.