Who is the California Sexual Harassment Pamphlet for?
All California employers are required to distribute the Sexual Harassment Pamphlet to all employees pursuant to Government Code section 12950(b). The pamphlet provides employees with detailed information about the prohibition of sexual harassment in the workplace and is an integral part of an effective sexual harassment workplace training and prevention program.
What does the California Sexual Harassment Pamphlet cover?
The pamphlet covers:
- Two Types of Sexual Harassment, including:
- “Quid pro quo” sexual harassment
- “Hostile work environment” sexual harassment
- Offensive Behaviors that may constitute sexual harassment, including sexual advances, offering benefits in exchange for sexual favors, and examples of visual, verbal, or written expressions or depictions, physical actions, or retaliatory threats that may amount to sexual harassment.
- Employer Responsibility & Liability for harassment by supervisory and non-supervisory personnel and when an employer can be held liable for sexual harassment by non-employees in the workplace.
- Detailed List of actions all employers must take to prevent and correct sexual harassment harassment in the workplace, including:
- Distributing the California Sexual Harassment Pamphlet.
- Posting the CRD’s “California Law Prohibits Workplace Discrimination and Harassment” Poster in the workplace.
- Developing a written harassment, discrimination, and retaliation prevention policy as specified.
- Distributing the employer’s policy via an approved means of communication.
- Translating the employer’s policy into every language spoken by at least 10% of the workforce.
- If the employer has 5 or more employees, providing every two years 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 nonsupervisory employee; and
- two hours of such training to each supervisory employee.
- Filing a Complaint with the California Civil Rights Department (CRD) if an employee or applicant believes they have experienced sexual harassment at a place of employment, including a detail description of the functions of the CRD and its resolution capabilities.
- Civil Remedies, including damages for emotional distress, hiring or reinstatement, back pay or promotion, and changes in the policies or practices of the employer.