Current through Register 2023 Notice Reg. No. 44, November 3, 2023
Section 11019 - Terms, Conditions and Privileges of Employment(a) Fringe Benefits. (Reserved.)(b) Harassment. (1) For all purposes related to the Act's protections of individuals from unlawful harassment, the term "employee" shall include unpaid interns, volunteers, and persons providing services pursuant to a contract.(2) Harassment includes but is not limited to: (A) Verbal harassment, e.g., epithets, derogatory comments or slurs on a basis enumerated in the Act;(B) Physical harassment, e.g., assault, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual on a basis enumerated in the Act;(C) Visual forms of harassment, e.g., derogatory posters, cartoons, or drawings on a basis enumerated in the Act; or(D) Sexual favors, e.g., unwanted sexual advances, which condition an employment benefit upon an exchange of sexual favors. [See also section 11034(f)(1).](E) In applying this subsection, the rights of free speech and association shall be accommodated consistently with the intent of this subsection.(3) Harassment of an applicant or employee by an employer or other covered entity, its agents or supervisors is unlawful.(4) Harassment of an applicant or employee by an employee other than those listed in subsection (b)(3) above is unlawful if the employer or other covered entity, its agents or supervisors knows of such conduct and fails to take immediate and appropriate corrective action. Proof of such knowledge may be direct or circumstantial. If the employer or other covered entity, its agents or supervisors did not know but should have known of the harassment, knowledge shall be imputed unless the employer or other covered entity can establish that it took reasonable steps to prevent harassment from occurring. Such steps may include affirmatively raising the subject of harassment, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under California law, and developing methods to sensitize all concerned.(5) An employee who has been harassed on the job by a co-employee should inform the employer or other covered entity of the aggrievement; however, an employee's failure to give such notice is not an affirmative defense.(6) An employee who engages in unlawful harassment of a co-employee is personally liable for the harassment, regardless of whether the employer knew or should have known of the conduct and/or failed to take appropriate corrective action.(c) Physical Appearance, Grooming, and Dress Standards. It is lawful for an employer or other covered entity to impose upon an employee physical appearance, grooming, or dress standards. However, if such a standard discriminates on a basis enumerated in the Act and if it also significantly burdens the individual in his or her employment, it is unlawful.(d) Reasonable Discipline. Nothing in these regulations may be construed as limiting an employer's or other covered entity's right to take reasonable disciplinary measures, which do not discriminate on a basis enumerated in the Act.(e) Seniority. (Reserved.)
Cal. Code Regs. Tit. 2, § 11019
Note: Authority: Section 12935(a), Government Code. Reference: Sections 12920, 12921, 12940, 12941 and 12942, Government Code.1. Change without regulatory effect renumbering former section 7287.6 to new section 11019 and amending section and Note filed 10-3-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 40).
2. New subsection (b)(1), subsection renumbering, amendment of newly designated subsection (b)(4) and new subsection (b)(6) filed 12-9-2015; operative 4/1/2016 (Register 2015, No. 50).