Legal Question in Sexual Harassment in California

Responsibility for Sexual Harassment

My understanding of the law is that the primary responsibility is with the company for preventing sexual harassment and maintaining a safe environment.

I attended corporate ethics training today and was shocked to hear the instructor say that the victim has primary responsibility in taking action in a situation where sexual harassment occurs.

I hope there were no ''would be harassers'' in the audience because the message was that if no one complains, the behavior is acceptable.

My understanding is that if someone in a supervisor or management position witnesses an act of sexual harassment, they are required to report or take action otherwise the company can be held equally liable with the harasser for not maintaining a safe environment.

I do not feel that this message was proper presented; instead it left an impression of allowing these actions so long as on one complains.

Most alarmingly, I felt that this puts the position of responsibility on the victim making more difficult for them to come forward.

I tried to explain this to the instructor, but my concerns fell on deaf ears. Any suggestions?


Asked on 10/23/06, 10:16 pm

1 Answer from Attorneys
Beth Mora Cooper & Mora, A Professional Corporation

Re: Responsibility for Sexual Harassment

You and the trainer were both right. The victim has the duty to make a complaint. However, the employer has a duty to have a complaint process and procedure in place which is accessable and functioning. An employee can argue that a complaint would have been futile or a procedure was not in place. However, there is also case law which states in California that if a supervisor is engaging in the harassment the employer is strictly liable. Morever, should a manager see harassment and fail to rememdy, report or prevent, the employer could be held additionally liable.

I believe the person providing the training was trying to "split hairs" like an attorney would do while engaging in a litigaiton. As you noted this is dangerous to do while engaging in preventative training.

Of course you can make a comment or complaint to Human Resources, however, I must warn you that in doing so, it is possible that you will be placing a target on your back. I honor your efforts and wish you the best of luck.

Sincerely, Beth Mora

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Answered on 10/27/06, 2:53 pm


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