How Does California Law Define Harassment?

California law uses the term harassment in two basic areas of the law -- civil harassment and employment harassment. Each definition is distinct and the law provides for different remedies based on which type of harassment the plaintiff is experiencing.

Civil Harassment

Harassment outside the workplace can be experienced in a number of ways under California law. If a person feels threatened, has been stalked, has been sexually assaulted or threatened with violence, then California will consider that harassment under civil law.

Employment Harassment

Employment harassment in California generally refers to sexual harassment. Sexual harassment at the workplace can be unwanted verbal, visual or physical conduct or contact, threats or reprisals, unwanted sexual advances or offering benefits in return for sexual favors. Employment harassment can also be based on your gender by treating one gender in a hostile or unfair manner based solely on the gender.

Legal Options for Victims

A victim of civil harassment in California can file for a civil harassment restraining order to stop the harassment or prevent the perpetrator from having contact with the victim or carrying a firearm. Employment harassment can result in a civil lawsuit being filed against the employer or the victim can report the employer to the Equal Employment Opportunity Commission or other state authorities.

References

• California Courts: Civil Harassment Restraining Order
• California Employment Law: Sexual Harassment
• California Courts: Can a Civil Harassment Restraining Order Help Me?