California Sexual Harassment Laws
Q: How does California unlawful harassment law differ from federal law?
A:California unlawful harassment law is more expansive and stringent as compared to federal law. In addition to the usual protected classes of race, color, religion, sex, or national origin, age and disability, the Golden State adds marital status, pregnancy, genetic characteristic, medical condition and sexual orientation.
California employers are “strictly liable” (i.e. there is no defense) for unlawful harassment by their supervisors. While there is an “affirmative defense” under federal law to supervisor “hostile work environment” where no “tangible employment action is taken” against the alleged victim, that won’t apply under California law.