• All workers have a right to a harassment-free workplace.OFFICE WORKER. image by Sundikova from Fotolia.com
  
  In California, "Workplace harassment is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity or other personal characteristic protected by law." In California, there are several laws set up to punish perpetrators and even enablers of harassment with stiff civil penalties.
  
  

What Employers Must Prevent

• In the state of California, it is against the law for the employer to enable or allow harassment in the workplace. It is the employer's obligation to actively combat harassment by setting up a harassment-preventative program. This program should include educating the staff on inappropriate behavior and safe ways to report harassment in any form. Additionally, employers are obligated to investigate all harassment claims made by any member of their staff. California employers with 50 or more employees must provide two hours of interactive harassment awareness and prevention training every two years to their management staff, with all newly hired management to be trained within the first six months of employment.
  
  

Contract Employees

• While most federal law (e.g. Title VII of the Civil Rights Act) deals with "wage earners" or employees who work directly for companies, the state of California's Fair Employment and Housing Act extends harassment protections to contracted employees as well. This means contracted construction workers, freelance consultants and even temporary employees have the same protections against sexual and other harassment as do wage earners. A contracted worker who is being harassed cannot always go to the client for rectification of harassment issues. These employees can bring a suit directly against the client if they have sufficient cause.
  
  

Retaliation

• One reason many do not complain about harassment is out of fear of retaliation. If a complaint received by an employer, or is deemed unwarranted by a judge, the employer may retaliate by making the employee take an unpaid leave of absence or by demoting or firing the employee. Should this happen the employer is guilty of retaliation and is civilly liable. The law ensures the employee can report instances of harassment without fearing for his livelihood or family's well-being.
  While federal law on retaliation is ambiguous, the California State Supreme Court has ruled that while an employee has the right to protection from retaliation from an institution, he cannot sue an individual supervisor for retaliation. This means if an individual supervisor is culpable for retaliatory acts against an employee who has pressed a harassment charge, it is the company who must be made aware and who must be given an opportunity to make changes and address the situation, since the company is ultimately liable for its manager's misconduct.