California Workplace Harassment Attorneys

Defending against workplace harassment claims is a critical priority for California employers. When workers make claims, business owners need strong legal help to protect their brand and reputation.

At Coleman & Horowitt, LLP, our team of lawyers defends employers against complex job disputes. We offer private consultations. You will meet with a lawyer who builds custom defense plans for your business.

FEHA § 12940(j) Employer Liability And Defense

Under California’s Fair Employment and Housing Act (FEHA), an employer faces strict liability for a supervisor’s workplace harassment. The company answers for the conduct even if leadership never learned of it. When a coworker, customer or vendor is responsible, the employer’s exposure depends on whether management knew or should have known and failed to take immediate and appropriate corrective action.

That distinction makes the accused person’s actual authority a central issue. Our attorneys examine whether the individual had the power to make or effectively recommend decisions about hiring, firing, discipline or work assignments using independent judgment. A job title alone does not make someone a supervisor under FEHA.

The person’s role also determines the required training. Employers with five or more employees must provide at least two hours of sexual harassment prevention training to supervisors and one hour to other staff. The general deadline is six months after hiring or promotion to a supervisory position, with refresher courses every two years.

You must retain training records for at least two years to document compliance. They also support your defense against a separate claim that the company failed to take reasonable steps to prevent harassment.

Workplace Investigations And Affirmative Defense Protocols

Under California regulations, employers must investigate harassment complaints promptly and document the process. Our firm helps human resources departments build a protocol around these steps:

• Selecting qualified, impartial personnel to lead the inquiry
• Interviewing the complainant, accused and relevant witnesses
• Preserving emails, texts and other records tied to the allegations
• Reaching written conclusions supported by the evidence
• Taking corrective action proportionate to any misconduct found

Any interim step to separate the parties should avoid penalizing the person who came forward. An unwanted schedule change, pay cut or reduction in duties can support a retaliation claim under FEHA.

Your Reporting Procedures Can Limit Your Damages

The avoidable consequences doctrine is an affirmative defense in cases involving sexual harassment by a supervisor. Your company must prove that it took the necessary steps to prevent and correct conduct, and that the employee unreasonably failed to use its reporting procedures. It must also show that reasonable use of those procedures would have prevented some or all of the harm.

When you meet that burden, liability remains, and a court excludes only the damages the employee could reasonably have avoided. Your written policies, training records and complaint history help establish each element, so preparation begins long before a lawsuit.

Schedule A Consultation

For a private consultation with a California workplace harassment defense attorney, call Coleman & Horowitt, LLP at 559-343-2648 or fill out our online contact form.