Harassment on the basis of sexual orientation, or gender identity or expression, under the FEHA occurs when:
- An employee is the recipient of unwelcome conduct or comments at work;
- This workplace bullying is to some extent based on his/her sexual orientation, gender identity or gender expression
- This harassment is either severe or pervasive enough to alter the conditions of employment and create a hostile work environment for the employee.
The requirement that sexual orientation harassment is “severe or pervasive” means that an employee will not be able to sue the harasser or his/her employer for isolated offensive comments, or simple teasing.
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What can employers do to prevent sexual orientation harassment?
Here the following five steps to prevent harassment on the basis of sexual orientation:
- Create a written policy against harassment;
- Communicate the anti-harassment policy to all employees;
- Train supervisors on the anti-harassment policy;
- Post the California Department of Fair Employment and Housing’s poster on harassment in a prominent place
- Distribute the DFEH brochure on harassment to all employees and supervisors.
Call Sexual Harassment Lawyers for help
For questions about sexual orientation workplace harassment under California’s Fair Employment and Housing Act, or to discuss your case confidentially with one of our California Labor and Employment Attorney, do not hesitate to contact us at Marcarian Law Firm.