California Sexual Harassment Fact Sheet Poster Mandatory

SEXUAL
HARASSMENT  
FACT SHEET
Sexual harassme	

nt is a form of discrimination 
based on sex/gender (including pregnancy, 
childbirth, or related medical conditions), gender 
identity, gender expression, or sexual orientation. 
Individuals of any gender can be the target of sexual 
harassment. Unlawful sexual harassment does 
not have to be motivated by sexual desire. Sexual 
harassment may involve harassment of a person 
of the same gender as the harasser, regardless of 
either person’s sexual orientation or gender identity.	
THERE ARE TWO TYPES 
OF SEXUAL HARASSMENT	
 	
1.  “Quid pro quo” (Latin for “this for that”) sexual 
harassment is when someone conditions a job, 
promotion, or other work benefit on your submission 
to sexual advances or other conduct based on sex. 
2.  “Hostile work environment”  sexual harassment 
occurs when unwelcome comments or conduct 
based on sex unreasonably interferes with your work 
performance or creates an intimidating, hostile, or 
offensive work environment. You may experience 
sexual harassment even if the offensive conduct was 
not aimed directly at you. 
The harassment must be severe or pervasive to 
be unlawful. A single act of harassment may be 
sufficiently severe to be unlawful	
. 	
SEXUAL HARASSMENT INCLUDES MANY 
FORMS OF OFFENSIVE BEHAVIORS
BEHAVIORS THAT MAY BE SEXUAL HARASSMENT:
1.  Unwanted sexual advances 
2.  Offering employment benefits in exchange for 
sexual favors 
3.  
Leering; gestures; or displaying sexually  
suggestive objects, pictures, cartoons, or posters
4.  
Derogatory comments, epithets, slurs, or jokes 
5.  Graphic comments, sexually degrading words, or 
suggestive or obscene messages or invitations
6.  
Physical touching or assault, as well as impeding  
or blocking movements Actual or threatened retaliation for rejecting advances or 
complaining abou
t har	

assment is also unlawful.
Employees or job applicants who believe that they have 
been sexually harassed or retaliated against may file a 
complaint of discrimination with CRD within three years of 
the last act of harassment or retaliation. 
CRD serves as a neutral fact-finder and attempts to 
help the parties voluntarily resolve disputes. If CRD 
finds sufficient evidence to establish that discrimination 
occurred and settlement efforts fail, the Department may 
file a civil complaint in state or federal court to address 
the causes of the discrimination and on behalf of the 
complaining party. CRD may seek court orders changing  
the employer’s policies and practices, punitive damages, 
and attorney’s fees and costs if it prevails in litigation. 
Employees can also pursue the matter through a private 
lawsuit in civil court after a complaint has been filed with 
CRD and a Right-to-Sue Notice has been issued.	
 	
EMPLOYER RESPONSIBILITY & LIABILITY
All employers, regardless of the number of employees, are 
covered by the harassment provisions of California law.  
Employers are liable for harassment by their supervisors 
or agents. All harassers, including both supervisory and 
non-supervisory personnel, may be held personally liable 
for harassment or for aiding and abetting harassment. 
The law requires employers to take reasonable steps 
to prevent harassment. If an employer fails to take 
such steps, that employer can be held liable for the 
harassment. In addition, an employer may be liable 
for the harassment by a non-employee (for example, a 
client or customer) of an employee, applicant, or person 
providing services for the employer. An employer will 
only be liable for this form of harassment if it knew or 
should have known of the harassment, and failed to take 
immediate and appropriate corrective action.
Employers have an affirmative duty to take reasonable 
steps to prevent and promptly correct discriminatory and 
harassing conduct, and to create a workplace free of 
harassment.
A program to eliminate sexual harassment from the 
workplace is not only required by law, but it is the most 
practical way for an employer to avoid or limit liability if 
harassment occurs.

SEXUAL HARASSMENT	  	
FACT SHEET
CIVIL REMEDIES
•  Damages for emotional distress from each employer or person in violation of the law 
•   Hiring or reinstatement 
•  Back pay or promotion 
•  Changes in the policies or practices of the 
employer
ALL EMPLOYERS MUST TAKE THE  FOLLOWING 
ACTIONS TO PREVENT HARASSMENT AND 
CORRECT IT WHEN IT OCCURS:
1. 	Distribute copies of this brochure or an alternative 
writing that complies with Government Code 12950.  
This pamphlet may be duplicated in any quantity.	
2. 	Post a copy of the Department’s employment poster 
entitled “California Law Prohibits Workplace Discrimination 
and Harassment.”	
3. 	Develop a harassment, discrimination, and retaliation 
prevention policy in accordance with 2 CCR 11023. The 
policy must:
•  
Be in writing.
•  List all protected groups under the FEHA. 
•  Indicate that the law prohibits coworkers and third 
parties, as well as supervisors and managers with 
whom the employee comes into contact, from   
engaging in prohibited harassment.
•  Create a complaint process that ensures confidentiality 
to the extent possible; a timely response; an impartial 
and timely investigation by qualified personnel; 
documentation and tracking for reason able progress;  
appropriate options for remedial actions and 
resolutions; and timely closures.
•  
Provide a complaint mechanism that does not 
require an employee to complain directly to their 
immediate supervisor. That complaint mechanism 
must include, but is not limited to including: provisions 
for direct communication, either orally or in writing, 
with a designated company representative; and/or a 
complaint hotline; and/or access to an ombudsperson; 
and/or identification of CRD and the United States 
Equal Employment Opportunity Commission as 
additional avenues for employees to lodge complaints.
•  
Instruct supervisors to report any complaints of 
misconduct to a designated company representative, 
such as a human resources manager, so that the 
company can try to resolve the claim internally. 
Employers with 50 or more employees are required to  include this as a topic in mandated sexual harassment 
pre
v	

ention training (see 2 CCR 11024).
•  
Indicate that when the employer receives allegations of 
misconduct, it will conduct a fair, time

ly, and thorough  
investigation that provides all parties appropriate due 
process and reaches reasonable conclusions based 
on the evidence collected. 
•  
Make clear that employees shall not be retaliated 
against as a result of making a complaint or 
participating in an investigation.
4. 	Distribute its harassment, discrimination, and 
retaliation prevention policy by doing one or more of the 
following:
•  
Printing the policy and providing a copy to employees 
with an acknowledgement form for employees to sign 
and return.
•  
Sending the policy via email with an acknowledgment 
return form.
•  
Posting the current version of the policy on a company  
intranet with a tracking system to ensure all employees 
have read and  acknowledged receipt of the policy. 
•  
Discussing policies upon hire and/or during a new hire 
orientation session. 
•  
Using any other method that ensures employees 
received and understand the policy. 	
5. 	If the employer’s workforce at any facility or 
establishment contains ten percent or more of persons 
who speak a language other than English as their spoken 
language, that employer shall translate the harassment, 
discrimination, and retaliation policy into every language 
spoken by at least ten percent of the workforce.	
6. 	In addition, employers who do business in California 
and employ 5 or more part-time or full-time employees 
must provide at least one hour of training regarding 
the prevention of sexual harassment, including 
harassment based on gender identity, gender 
expression, and sexual orientation, to each non-
supervisory employee; and two hours of such 
training to each supervisory employee. Training must 
be provided within six months of assumption of 
employment. Employees must be trained every two 
years. Please see Gov. Code 12950.1 and 2 CCR 
11024 for further information.	
TO FILE A COMPLAINT
Civil Rights Department
calcivilrights.ca.gov/complaintprocess 
Toll Free: 800.884.1684 
TTY: 800.700.2320	
CRD-185-ENG  / September 2022