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charged with Sexual
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California Civil Code
1604.11 Sexual Harassment:
(a) Harassment on the basis of sex is a violation of Sec.703
of Title VII. Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature
constitute sexual harassment when (1) submission to such conduct
is made either explicitly or implicitly a term or condition of an
individual's employment. (2) submission to or rejection of such
conduct by an individual is used as the basis for employment
decisions affecting such individual, or (3) such conduct has the
purpose or effect of unreasonable interfering with anindividual's
work performance or creating an intimidating, hostile, or
offensive working environment.
b) In determining whether alleged conduct constitute sexual
harassment,the Commission will look at the record as a whole and
at the totality of the circumstances, such as the nature of the
sexual advances and the context in which the alleged incidents
occurred. The determination of the legality of a particular
action will be made from the facts, on a case by case basis.
(c) Applying general Title VII principles, an
employer,employment agency, joint apprenticeship committee or
labor organization (hereinafter collectively referred to as
"employer") is responsible for its acts and those of its agents
and supervisory employees with respect to sexual harassment
regardless of whether the specific acts complained of were
authorized or even forbidden by the employer and regardless of
whether the employer knew or should have known of their
occurrence. The Commission will examine the circumstances of the
particular employment relationship and the job functions
performed by the individual in determining whether individual
acts in either a supervisory or agency capacity.
(d) With respect to conduct between fellow employees, an
employer is responsible for acts of sexual harassment in the
workplace where the employer (its agents or supervisory
employees) knows or should have known of the conduct, unless it
can show that it took immediate and appropriate corrective
(e) An employer may also be responsible for the acts of
non-employees, with respect to sexual harassment of employees in
the workplace, where the employer (its agents or supervisory
employees) knows or should have known of the conduct and fails to
take immediate and appropriate corrective action. In reviewing
these cases, the Commission will consider the extent of the
employer's control and any other legal responsibility which the
employer may have with respect to the conduct of such
(f) Prevention is the best tool for the elimination of
sexual harassment. An employer should take all steps necessary to
prevent sexual harassment from occurring, such as affirmatively
raising the subject, expressing strong disapproval, developing
appropriate sanctions, informing employees of their right to
raise and how to raise the issue of harassment under Title VII,
and developing methods to sensitize all concerned.
Other related practices: Where employment opportunities
or benefits are granted because of an individual's submission to
the employer's sexual advances or request for sexual favors, the
employer may be held liable for unlawful sex discrimination
against other persons who were qualified for but denied that
employment opportunity or benefit.
Did You Know?
of the rapes and sex crimes
of children less than 12 years
old knew the offender, accodring
to police-recorded incident
rape and sexual assult offenders
report that 2/3rd of their victims
were under the age of 18.
felony court convictions, the
FBI's UCR arrests and National
Crime Victimization Surveys
all point to sex offenders being
older than other violent offenders,
generally in the early 30's.
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