Employer Liability for Sexual Harassment in California
California law places responsibilities on employers to prevent and address sexual harassment in the workplace. Whether an employer is legally responsible depends on who engaged in the conduct, what the employer knew, and how the employer responded.
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How employer liability works
Under California’s Fair Employment and Housing Act (FEHA), employer responsibility for harassment depends largely on the relationship between the employer and the person engaging in the conduct. The law generally distinguishes between:- Harassment by supervisors or managers
- Harassment by coworkers
- Harassment by non-employees such as customers or vendors
Supervisor harassment
California law treats harassment by supervisors differently from harassment by coworkers. When a supervisor engages in sexual harassment, employers may be held strictly liable for the conduct. A supervisor typically includes someone with authority to hire, fire, discipline, direct work, or influence employment decisions.Coworker harassment
When harassment is committed by a coworker, employer liability usually depends on notice and response. Courts often evaluate whether:- The employer knew or should have known about the harassment, and
- The employer failed to take immediate and appropriate corrective action.
Third-party harassment
Employers may also face liability when harassment is committed by customers, clients, vendors, or other non-employees if the employer knew about the conduct and failed to act reasonably to stop it. This commonly arises in customer-facing roles where employees interact regularly with the public.Employer duty to prevent harassment
California law also recognizes independent claims for failure to take reasonable steps to prevent harassment. Employers are generally expected to:- Maintain written anti-harassment policies
- Provide complaint procedures
- Investigate complaints promptly
- Provide legally required harassment prevention training
Frequently asked questions
Is an employer always responsible for sexual harassment?
Responsibility depends on who engaged in the conduct and how the employer responded after learning about it.
What makes someone a supervisor under California law?
Generally, a supervisor has authority to direct work or influence employment decisions such as hiring, discipline, or termination.
What if the employer had a policy but did nothing?
The existence of a policy alone may not be enough if complaints were ignored or corrective action was not reasonable.
Can an employer be liable even if harassment happened outside the office?
Potentially, if the conduct occurred in connection with work or employment activities and affected the work environment.
