California Sexual Harassment Facts Poster Mandatory

SEXUAL 
HARASSMENT	
THE FACTS
Sexual harassment 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 by a 
person of the same gender, 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.
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 about harassment 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 supervisor or agents. Employees accused of 
harassment, 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 discriminat ory and harassing conduct, and to 
create a workplace free of harassment.
A program to eliminate sexual harassment from the workplace is not only req uired by law, but it is the most practical way for an employer to 
avoid or limit liability if harassment occurs.
ALL EMPLOYERS MUST TAKE THE FOLLOWING 
ACTIONS TO PREVENT HARASSMENT AND 
CORRECT IT WHEN IT OCCURS:
1.	 Distribute copies of this document or an alternative writing that 
complies with Government Code 12950. This document may be 
duplicated in any quantity.	
2. Post a copy of the CRD employment poster “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 reasonable 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 prevention 
training (see 2 CCR 11024).	
• 	Indicate that when the employer receives allegations of 
misconduct, it will conduct a fair, timely, 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 
acknowledgment 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. 	
• 	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. All employees 
must be trained by January 1, 2023. New supervisory employees 
must be trained within six months of assuming their supervisory 
position, and new non-supervisory employees must be trained 
within six months of hire. Employees must be retrained once every 
two years. Please see Gov. Code 12950.1 and 2 CCR 11024 for 
further information.	
CIVIL REMEDIES
1.	 Damages for emotional distress from each employer or person in 
violation of the law	
2. Hiring or reinstatement	
3. Back pay or promotion	
4. Changes in the policies or practices of the employer	
To schedule an appointment, contact the Communication Center below. 
If you have a disability that requires a reasonable accommodation, the 
CRD can assist you by scribing your intake by phone or, for individuals 
who are Deaf or Hard of Hearing or have speech disabilities, through 
the California Relay Service (711), or you can contact us below.
TO FILE A COMPLAINT
Civil Rights Department
calcivilrights.ca.gov/complaintprocess 
Toll Free: 800.884.1684  /  TTY: 800.700.2320
California Relay Service (711)
Have a disability that requires a reasonable accommodation? 
CRD can assist you with your complaint.	
For translations of this guidance, visit: 	www.calcivilrights.ca.gov/posters/required	CRD-185P-ENG / January 2023	
SEXUAL 
HARASSMENT