Let's examine when workplace harassment in California crosses the line into a criminal offense. This issue significantly impacts employees' well-being and productivity.
In California, workplace harassment can shift from a civil matter to a criminal offense if specific conditions are met. Being accused of workplace harassment can lead to civil lawsuits and liability damages.
If your alleged actions cross into criminal behavior, you may face criminal charges and jail time, even if no civil claims are made, as these are separate legal issues.
Under federal law and the California Fair Employment and Housing Act (FEHA), sexual harassment has a specific legal definition that clarifies what constitutes unlawful conduct.
FEHA describes harassment as unwelcome conduct based on protected traits like race, gender, religion, sexual orientation, or disability, which helps readers understand the legal boundaries of harassment.
Harassment can manifest in various ways, including verbal abuse, physical threats, and unwelcome touching. Employers hold the responsibility to prevent and respond to workplace harassment.
Whistleblower Protections
The California Labor Code provides whistleblower protections for employees who report workplace harassment. In addition to FEHA, other California laws impose penalties for such misconduct.
For instance, the California Penal Code criminalizes sexual harassment, with potential fines and jail time. Victims can also seek restraining orders to stop ongoing harassment.
Notably, workplace harassment carries legal repercussions beyond financial costs and criminal sanctions. Employers found liable may face severe reputational harm and adverse publicity, impacting their brand and their ability to attract and retain skilled employees.
Victims often experience enduring emotional trauma and career setbacks, which can negatively influence their mental health and future earnings. Therefore, it is essential for employers to prevent and address harassment proactively, ensuring legal compliance and fostering a healthy, productive work environment.
Common Types of Workplace Harassment
Generally, workplace harassment involves any unwelcome actions that demean, humiliate, or intimidate an employee.
Such behavior can foster a hostile work environment or lead to negative employment outcomes. It can be verbal, physical, or written, and may originate from supervisors, colleagues, or clients.
California's Fair Employment and Housing Act (FEHA) recognizes two primary types of workplace harassment, among other common forms.
- Quid Pro Quo Harassment: This type of sexual harassment happens when employment decisions, like promotions or keeping a job, depend on accepting or rejecting unwanted sexual advances or requests for sexual favors. For example, if a manager offers a promotion in return for sexual favors, it constitutes quid pro quo harassment.
- Hostile Work Environment: This kind of harassment encompasses behaviors that foster an intimidating, hostile, or offensive workplace. It involves repeated discrimination, offensive jokes, slurs, or other verbal and physical actions that hinder an employee's capacity to perform their duties.
What are the Related Criminal Laws?
In most cases, workplace harassment is treated as a civil matter where the victim can seek compensation for emotional distress, back pay, punitive damages, and more.
The harasser may be held legally responsible for these damages. Additionally, employers can also be held liable if they knew or ought to have known about the harassment and did not take proper corrective steps.
In California, workplace harassment becomes a criminal matter when it breaches particular criminal statutes, emphasizing the importance of understanding these laws.
Here are some of the most relevant criminal laws concerning workplace harassment in California, outlining the legal boundaries and potential penalties for misconduct.
Cyber Harassment - Penal Code 653.2 PC
Cyber harassment, or cyberstalking, refers to using electronic means to harass, threaten, or intimidate someone. According to California Penal Code 653.2, it is unlawful to use electronic communication to:
- Repeatedly threaten someone with the aim of making them afraid for their safety.
- Use an electronic device to harass someone in a highly offensive way meant to cause emotional distress.
Examples of cyber harassment at work include sending threatening emails, texts, or social media messages to or about another employee.
Stalking - Penal Code 646.9 PC
Stalking involves persistent following, harassment, or threats directed at someone, causing them to fear for their safety or that of their family. According to California Penal Code 646.9, stalking is considered a crime if it encompasses:
- Intentionally and maliciously persistently following or harassing another individual.
- Making a credible threat that causes reasonable fear for the safety of that person or their immediate family.
Workplace stalking happens when, for instance, an employee repeatedly follows a colleague home, sends threatening messages, or engages in other actions that make the victim fear for their safety.
Criminal Threats - Penal Code 422 PC
Criminal threats refer to statements—whether spoken, written, or electronic—that threaten to commit a crime resulting in death or serious injury to another person, made with the intent that they be perceived as threats. According to California Penal Code 422, a criminal threat is defined by:
- Making a threat to kill or physically harm someone.
- The threat is clear, unconditional, immediate, and specific, leading the person to fear for their safety.
In a workplace setting, if an employee threatens to harm a colleague or their family, it can be considered a criminal threat. Even without physical injury, a credible threat can result in criminal charges.
What are the Possible Penalties?
When workplace harassment becomes a criminal offense, the penalties can be severe, making it crucial for employees and employers to understand the risks involved.
When workplace harassment becomes a criminal offense, the consequences can be severe. If you're charged with a workplace harassment-related crime, you might face:
- Imprisonment, fines, probation, and a criminal record.
- Restraining orders that ban contact with the victim, which, in cases of workplace harassment, might mean you are no longer allowed to work in the same office as that person.
- Employers should recognize that legal repercussions extend beyond fines, potentially damaging their reputation and affecting employee trust and retention.
What Are the Potential Defense Strategies?
If you're facing allegations of criminal workplace harassment, it is essential to consult a California criminal defense lawyer. Typical defense approaches might involve:
- A lack of intent: Prosecutors generally need to demonstrate that you intentionally aimed to harass the victim. Your lawyer might contend that your actions were not intended as threats or harassment.
- Threat's credibility: Demonstrating that the threat was either not credible or did not induce reasonable fear.
Contact our criminal defense law firm in California for more details. Cron, Israels & Stark has offices located in Los Angeles, CA.
