Legal Question in Sexual Harassment in California

Question on Discrimination/Sexual Harassment Law

Hi. I am trying to find if there is a statute in CA that requires the investigation of facts whenever there is a claim of discrimination (or of sex harassment?). I very much appreciate your help.

Thanks.

--name removed---name removed--


Asked on 1/18/05, 3:22 pm

2 Answers from Attorneys
Alden Knisbacher knisbacher law offices

Re: Question on Discrimination/Sexual Harassment Law

Yes. California Government Code Section 12940 is the law that prevents discrimination and harassment. Section 12940(k) requires employers to �take all reasonable steps necessary to prevent discrimination and harassment from occurring. . . " Also, most employers understand that if they have a program in place where they do investigate complaints, they will be in a better position, if a lawsuit is filed, to avoid a claim for punitive (punishment) damages. If you have further questions feel free to email below, or call me at 415-522-5200. (P.S. -- make sure your complaint is in writing; and, if possible, send it as far up the company's chain-of-command -- in writing-- as you can. If the company does not investigate they will be in a bad spot, should a lawsuit follow...) Good luck.

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Answered on 1/19/05, 3:19 pm
Terry A. Nelson Nelson & Lawless

Re: Question on Discrimination/Sexual Harassment Law

If you are an employee, the employer is supposed to investigate and take reasonable action on discrimination claims. Your remedy if they don't is to bring a DFEH claim and lawsuit if appropriate to the facts. If that is you, feel free to contact me to discuss the facts and viability of legal action.

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Answered on 1/19/05, 5:44 pm


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