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California law and the FEHA also allow for the imposition of punitive damages [9] [10] when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or consciously disregard prohibited conduct by lower-level employees in violation of the rights or safety of the plaintiff or others.
The Department enforces California state laws that prohibit harassment, discrimination, retaliation employment, housing, and public accommodations that provide for pregnancy leave, family, and medical. The D.F.E.H also accepts, investigates, mediates and prosecutes complaints alleging hate violence or threats of hate violence.
As of September 30, 2007, the EEOC's EEO-1 report must use the new racial and ethnic definitions in establishing grounds for racial or ethnic discrimination. [44] If an employee identifies their ethnicity as "Hispanic or Latino" as well as a race, the race is not reported in EEO-1, but it is kept as part of the employment record.
Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. [1] [2] There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment (requiring an employee to tolerate sexual harassment to keep their job, receive a tangible benefit, or avoid punishment) and ...
While sexual harassment is a form of workplace harassment, the United States Department of Labor defines workplace harassment as being more than just sexual harassment. [10] "It may entail quid pro quo harassment, which occurs in cases in which employment decisions or treatment are based on submission to or rejection of unwelcome conduct ...
According to Crosby Burns and Jeff Krehely: "Studies show that anywhere from 15 percent to 43 percent of gay people have experienced some form of discrimination and harassment at the workplace. Moreover, a staggering 90 percent of transgender workers report some form of harassment or mistreatment on the job."
However, to recover damages, the employee must also establish all other elements of the claim, such as that the employee engaged in protected conduct such as making a report of discrimination or reporting an employer's violation of law, and also establish that the employer created the hostile work environment, at least in part, because the ...
In a press release summarizing some of the statute's main provisions, Hawkins wrote that the FEPA "creates as a new division in the Department of Industrial Relations a State Fair Employment Practices Commission of five members. Powers of the Commission include receiving, investigating, hearing and passing on complaints involving discrimination.
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