Key Takeaways:

• Legal Definition: In California, unwelcome physical contact can be sexually harassing regardless of industry norms.
• Documentation Matters: Maintaining detailed records of incidents – including dates, times, locations, what happened, witnesses present, and any physical or emotional harms – can help establish sexual harassment.
• Reporting Options: When sexual harassment occurs, potential options include reporting to management, reporting up the chain of command, filing a complaint with the California Civil Rights Department (CRD), and thereafter filing a lawsuit.

The article below provides general information for industrial workers regarding potential rights concerning physical contact in the workplace and the legal remedies that may be available when legal boundaries are crossed.

There’s often a fine line between necessary physical contact and inappropriate behavior that constitutes sexual harassment. The California Fair Employment and Housing Act (FEHA) establishes clear protections against unwelcome physical conduct, even in work environments where some form of physical contact might be a necessary part of the job.

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💡 Quick Takeaways

• Legal boundaries: California law protects industrial workers from unwanted physical contact that creates a hostile work environment, regardless of industry norms.
• Protection scope: FEHA applies to most employment settings including ones which are industrial in nature and provides stronger protections than federal law.

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Recognizing When Physical Contact Becomes Harassment

California law distinguishes between legitimate work-related physical contact and harassment. A single severe incident, such as deliberate groping, may constitute harassment. Alternatively, repeated instances of less obvious touching—including, but not limited to, brushing against someone unnecessarily, persistent hand-on-shoulder contact, or other unwelcome physical interactions—may also qualify.

In industrial settings, certain physical contact may be unavoidable for safety, training, or operational requirements.  To determine if contact is harassing often involves consideration of several factors, including whether the contact:

• Has sexual connotations
• Continues after someone has expressed discomfort
• Appears to be based on gender

Consulting with a qualified employment attorney who specializes in sexual harassment cases can help clarify how these standards apply to specific workplace situations.

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💡 Quick Takeaways

• Severity assessment: Both a single serious incident and a pattern of less severe unwanted touching can constitute harassment under California law.
• Workplace norms: Industry culture cannot legally justify or excuse behavior that otherwise qualifies as sexual harassment.

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Protections for Industrial Workers

California provides robust legal protections for workers in industrial settings. FEHA protections exist regardless of whether formal reporting structures exist within the company. This can be particularly relevant in industrial companies that may lack comprehensive human resources departments or established reporting mechanisms.

The California Civil Rights Department (CRD, formerly known as the Department of Fair Employment and Housing) offers additional resources when internal processes are inadequate. Workers may file complaints directly with the CRD, which can investigate allegations, attempt resolution through mediation, and issue right-to-sue notices when appropriate. Victims of sexual harassment often benefit from speaking with a qualified employment attorney who can provide guidance on the full range of available options.

Frequently Asked Questions (FAQs)

Q: What type of physical contact can qualify as sexual harassment in under California law?

A: California law recognizes various forms of unwanted physical contact that may constitute sexual harassment, including, but not limited to, touching with sexual overtones, unnecessary physical proximity, blocking movements, or physical conduct based on gender. The conduct must be unwelcome. Evaluating whether specific conduct meets this standard depends on the individual circumstances and context. A consultation with a qualified employment attorney is advisable.

Q: When should I consult with an attorney about physical sexual harassment in my California workplace?

A: As soon as possible.

Disclaimer:

This content is for informational purposes only. This content is not legal advice. No attorney-client relationship is formed through this content. Please consult a qualified attorney in your jurisdiction for legal advice specific to your situation.

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