Introduction to California Government Code Section 12940
California Government Code Section 12940 is a state law that prohibits harassment and discrimination in the workplace. It is part of the California Fair Employment and Housing Act (FEHA), which aims to protect employees from unfair treatment based on their protected characteristics.
This law applies to all employers in California with five or more employees, and it covers a wide range of protected characteristics, including race, color, national origin, ancestry, religion, sex, gender, sexual orientation, and disability.
Prohibited Conduct Under Section 12940
Section 12940 prohibits employers from engaging in harassment or discrimination based on an employee's protected characteristics. This includes verbal or physical conduct that creates a hostile work environment, as well as retaliation against employees who report harassment or discrimination.
The law also prohibits employers from failing to prevent harassment or discrimination, or from failing to investigate and respond to complaints of harassment or discrimination in a timely and effective manner.
Employer Responsibilities Under Section 12940
Employers in California have a number of responsibilities under Section 12940, including providing a workplace free from harassment and discrimination, and taking prompt and effective action to investigate and respond to complaints of harassment or discrimination.
Employers must also provide training to all employees on the prevention of harassment and discrimination, and must have a written policy in place that outlines the procedures for reporting and investigating complaints of harassment or discrimination.
Employee Rights Under Section 12940
Employees in California have the right to work in a workplace that is free from harassment and discrimination, and to be protected from retaliation for reporting harassment or discrimination. Employees also have the right to file a complaint with the Department of Fair Employment and Housing (DFEH) if they believe they have been subjected to harassment or discrimination.
Employees may also be entitled to damages, including back pay, front pay, and emotional distress damages, if they are found to have been subjected to harassment or discrimination in violation of Section 12940.
Enforcement and Remedies Under Section 12940
The DFEH is responsible for enforcing Section 12940, and may investigate complaints of harassment or discrimination, and file lawsuits against employers who violate the law. The DFEH may also impose fines and penalties on employers who violate the law.
In addition to the DFEH, employees may also file lawsuits against their employers in court, seeking damages and other relief for violations of Section 12940. Employers who are found to have violated the law may be required to pay damages, attorneys' fees, and costs.
Frequently Asked Questions
What is the purpose of California Government Code Section 12940?
The purpose of Section 12940 is to prohibit harassment and discrimination in the workplace, and to protect employees from unfair treatment based on their protected characteristics.
What types of conduct are prohibited under Section 12940?
Section 12940 prohibits verbal or physical conduct that creates a hostile work environment, as well as retaliation against employees who report harassment or discrimination.
What are the employer's responsibilities under Section 12940?
Employers must provide a workplace free from harassment and discrimination, take prompt and effective action to investigate and respond to complaints, and provide training to all employees on the prevention of harassment and discrimination.
What are the employee's rights under Section 12940?
Employees have the right to work in a workplace that is free from harassment and discrimination, and to be protected from retaliation for reporting harassment or discrimination.
How is Section 12940 enforced?
The DFEH is responsible for enforcing Section 12940, and may investigate complaints, file lawsuits, and impose fines and penalties on employers who violate the law.
What remedies are available to employees who are subjected to harassment or discrimination under Section 12940?
Employees may be entitled to damages, including back pay, front pay, and emotional distress damages, if they are found to have been subjected to harassment or discrimination in violation of Section 12940.