Handling Workplace Harassment Investigations in California

When it comes to workplace harassment,  businesses in California face some of the toughest legal responsibilities. You can keep your business compliant and safeguarded by developing a better understanding of the legal framework and your legal obligations. You can also work with experienced employment defense lawyers like Brereton Law Office from the start, to prevent legal issues from impacting your business performance. 

Why Brereton Law Focuses on California Harassment Investigations

Our interest in employment law comes from our belief that every employee deserves a safe, respectful workplace. This belief led us to specialize in workplace harassment investigations for clients in California who need assistance to navigate complex legal rules and create cultures of accountability and trust.

At Brereton Law Office, we combine extensive legal knowledge with a practical, client-focused approach to ensure every workplace harassment investigation is thorough, impartial, and fully compliant with California law. Our goal is not just to provide legal defense but to help your business prevent future claims and maintain a positive workplace.

What Constitutes Workplace Harassment in California?

California's Fair Employment and Housing Act (FEHA) and Labor Code Section 6400 defines workplace harassment as any undesired activity based on a protected characteristic (e.g., race, gender, age, disability, sexual orientation, or religion) that establishes a work environment that is hostile, threatening, or offensive. Workplace harassment can also result in adverse outcomes, such as demotion or firing. Workplace harassment can be physical, verbal, psychological, or visual.

The scope of California law is broader than federal law and covers more protected characteristics and even applies to employers with as few as five employees. Employers are strictly liable when supervisors engage in harassment. This means it is irrelevant if the employer was unaware of the conduct. Employers are also liable if a non-supervisor engages in harassment, if the employer knew or should have known of the conduct and failed to take appropriate action.

Legal Obligations for California Employers

When an employer receives a complaint of harassment at a workplace, the state of California requires the employer to do the following:

• Investigate promptly: Any delay in the investigation could lead to liability and harm to your reputation.

• Select an impartial investigator: Your investigator could be an appropriate professional on your staff (such as a human resources professional who has been trained in investigating harassment) or an investigator from outside your organization licensed in California.

• Maintain confidentiality: Employees and other individuals involved in the investigation are entitled to have their privacy protected while still being obliged to gather sufficient information.

• Document it all: Record all the complaints, interviews, evidence, and all information discovered during the investigation.

• Take action: If the investigation finds accusations of harassment to be true, the employer may be required to impose disciplinary action, additional training, or policy changes.

• Avoid retaliation: California law prohibits retaliation against employees who complain about harassment or are associated with the investigation of a harassment complaint. 

Failure to comply with California requirements and investigating a claim in a biased or incomplete way could expose the employer to legal action under the Fair Employment and Housing Act (FEHA).

Key Components of a Compliant Workplace Harassment Investigation

A harassment investigation that is not only compliant but also holds up in a California court, entails the following:

• Reporting mechanisms: Employees need to be aware of multiple avenues to report harassment complaints with confidential.

• Investigation initiation: It is crucial for a business to begin the investigation promptly on receipt of the complaint.

• Investigative independence: Hire an independent, experienced investigator (internal or external) with no conflict of interest, if possible.

• Evidence collection: Conduct thorough interviews with the complainant, accused, and any witnesses, to ensure collection of all relevant documents, emails, etc.

• Evidence review: Proper reviews of all collected evidence in order to use the "preponderance of the evidence" standard to assess the complaint.

• Implement appropriate action: Implementation of appropriate, corrective, and disciplinary measures if harassment is substantiated .

• Report-out communication: Inform all connected parties of the findings (while preserving confidentiality) and appropriate measures taken, if any.

• Monitoring: Follow-up on compliance of new or existing policies, and monitor the workplace environment to prevent future harassment.

California’s Unique Training Requirements

If you’re a California employer with five or more employees, here’s what you must provide to your team:

• Two hours of interactive sexual harassment prevention training to all supervisors every two years.

• One hour of training to all non-supervisory employees every two years.

• Training for new hires and newly promoted supervisors every six months.

  
  

The training must explain what constitutes harassment, how to report it, protections against retaliation, and include real-life examples of prohibited conduct.

Brereton Law’s Approach to California Harassment Investigations

When you choose Brereton Law as your employer defense attorney, here’s how  you benefit:

• Guidance from Start to Finish: We help you design and implement a compliant investigation process that meets California’s legal standards.

• Impartiality and Compliance: We select and oversee unbiased, experienced investigators and ensure confidentiality and fairness throughout the process.

• Balanced Transparency: We communicate investigation results to the necessary parties while protecting privacy and minimizing disruption.

• Strategic Advice: If harassment is confirmed, we assist you in implementing corrective actions, updating policies, and conducting training to prevent future incidents.

• Real-World Experience: We recently helped a California tech company resolve a harassment complaint by conducting a prompt, unbiased investigation that led to focused training and policy improvements, resulting in no further claims and a stronger workplace culture.

Critical Lessons and Immediate Steps for California Employers

Prevention and quick action in the  event of a harassment claim are key. A solid workplace harassment investigation process is essential to safeguard your business  against lawsuits and reputation damage. Make it a priority to establish clear policies, train your team, and take swift corrective action when faced with a complaint. 

If you receive a harassment complaint:

• Document the complaint immediately and inform your employment defense lawyer.

• Start the investigation promptly with a qualified, unbiased investigator.

• Preserve all relevant evidence and interview all involved parties.

• Determine appropriate action based on the findings.

• Communicate the outcome (while respecting confidentiality) and take measures to prevent future issues.

Why Brereton Law Is the Right Choice

Because businesses in California have to perennially navigate a complex legal landscape, you need a partner who understands the law and helps you stay compliant at all times, in all scenarios. Here’s how Brereton Law Office helps:

• Extensive knowledge of California employment law defense.

• Practical solutions that go beyond legal compliance.

• A trusted reputation for thorough and unbiased workplace harassment investigations.

  
  

If you are searching for workplace lawyers or an employer defense attorney in California, contact Brereton Law Office. We have a proven track record of helping businesses of all sizes defend against harassment, retaliation, and discrimination claims, while ensuring compliance and protecting your reputation.