Harassment Coverage

This topic contains the following information:

• Covered Employers
• Covered Individuals
• Independent Contractors and Sexual Harassment
• Professional Relationships and Sexual Harassment

Covered Employers

California’s prohibitions against harassment basically cover all employers. The law states that “employer,” for purposes of the anti-harassment laws, means any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract. State and local government entities are also covered.1

FEHA does not apply to religious associations or certain nonprofit corporations.2 For more information, see “Exemptions for Religious Corporations and Associations” in Religion.

Under federal law, Title VII and the ADA apply to employers with 15 or more employees, including federal, state and local governments. The ADEA applies to employers with 20 or more employees and federal, state, and local governments.

Covered Individuals

California provides broad protections against harassment to a number of individuals coming into the workplace.

This table demonstrates who is protected from harassment under state and federal law:

In California, an employer can be liable for harassment committed by supervisors, coworkers and even conduct of third-party nonemployees, such as vendors or customers, toward its own employees. For more information, see Liability for Harassment.

For instance, lawsuits have been filed where a company knew that a customer was repeatedly coming onto the premises and harassing a worker, but did nothing to prevent the conduct from continuing.

Independent Contractors and Harassment

Employers may want to take specific note of the protections for independent contractors. It is illegal to harass an independent contractor or individuals “providing services pursuant to a contract” on the basis of any protected class specified in the FEHA, such as race, national origin, disability, religion, sex or age.

If a hiring entity knew — or should have known — that an employee was harassing an independent contractor, and does not take immediate and appropriate corrective action, it may be held liable for the harassment. If a supervisor was engaged in the harassment, the company may be held strictly liable. A hiring entity must take all reasonable steps to prevent harassment from occurring.

A “person providing services pursuant to a contract” is defined for purposes of FEHA as someone who meets all of the following criteria:

• The person has the right to control the performance of the contract requirements and discretion over the manner of performance.
• The person is customarily engaged in an independently established business.
• The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, and performs work that requires a particular skill not ordinarily used in the course of the employer’s work.

1. Govt. Code sec. 12940(j)

2. Govt. Code sec. 12940 (j)(4)(B)

3. 2 CCR sec. 11019(b)