Section 14070 - Harassment Prohibited(a) Harassment by a covered entity, related to any program or activity, on any protected basis is an unlawful practice under Article 9.5.(b) Harassment includes quid pro quo harassment and hostile environment harassment. The same conduct may constitute both quid pro quo and hostile environment harassment. (1) Quid pro quo harassment. Quid pro quo harassment refers to an unwelcome request or demand to engage in conduct where submission to the request or demand, either explicitly or implicitly, is made a condition related to the attainment of any benefit, as defined in section 14020 of this subchapter. An unwelcome request or demand may constitute quid pro quo harassment even if an individual acquiesces in the unwelcome request or demand.(2) Hostile environment harassment. Hostile environment harassment refers to unwelcome conduct that interferes with or prevents the attainment of any benefit, as defined in section 14020 of this subchapter, constitutes any kind of adverse action, or creates a hostile, offensive, oppressive, or intimidating environment. Hostile environment harassment does not require a change in the terms, conditions, or privileges afforded by Article 9.5. (A) Whether hostile environment harassment existed or exists depends on the totality of the circumstances. (i) Factors to be considered in determining whether hostile environment harassment existed or exist include: the nature of the conduct; the context in which the incident(s) occurred; the severity scope, frequency, duration, and location of the conduct; and the relationship of the persons involved.(ii) Neither psychological nor physical harm must be demonstrated to prove that a hostile environment existed or exists. However, evidence of psychological or physical harm may be relevant in determining whether a hostile environment exists or existed, and the amount of damages to which an aggrieved person may be entitled.(iii) Whether unwelcome conduct created a hostile environment is viewed from the perspective of a reasonable person in the aggrieved person's position.(3) Types of conduct. Quid pro quo and hostile environment harassment may be written, verbal, or communicated in other ways, and do not require physical contact. Such harassment includes: (A) verbal harassment, including epithets, derogatory comments, or slurs;(B) physical harassment directed at an individual, including assault, impeding or blocking movement, or any physical interference with normal movement;(C) visual forms of harassment, including derogatory posters, cartoons, drawings, or other documents.(D) unwelcome sexual conduct, or other unwelcome conduct, which need not be based on sexual desire, linked to an individual's sexual orientation or sex, including pregnancy or medical conditions related to pregnancy, childbirth or medical conditions related to childbirth, breastfeeding or medical conditions related to breastfeeding; gender identity; and gender expression;(E) any coercion, intimidation, threats, or interference with a person's exercise or enjoyment of any benefit secured by rights protected under the Act, this subchapter, or other implementing regulations.(F) taking any adverse action against a person in a manner that constitutes quid pro quo or hostile environment harassment, such as representing to a person that a benefit is not available because of the person's response to a request or demand for a sexual favor;(G) revealing private information to a third party about a person, without their consent, in a manner that constitutes quid pro quo or hostile environment harassment, unless such disclosure is required by federal or state law; or(H) subjecting a person to a discriminatory practice under Article 9.5 may, itself, constitute quid pro quo or hostile environment harassment.(c) A single incident of harassment based on an individual's membership in a protected class may be sufficient to constitute hostile environment harassment or quid pro quo harassment under Article 9.5.(d) The fact that an alleged perpetrator may be a member of the same protected class as the aggrieved person is not by itself a defense to a claim of harassment.(e) A covered entity shall be liable for harassment of an ultimate beneficiary by a third party if the covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.(f) Persons protected. The prohibition on harassment extends to conduct that is based on an individual's membership in a protected class, being perceived as a member of a protected class, being associated with a member of a protected class or someone who is perceived to be a member of a protected class, or on account of having aided or encouraged any person in the exercise of the rights protected by Article 9.5.Cal. Code Regs. Tit. 2, § 14070
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 12926, 12926.1, 12940 and 12955, Government Code.
1. New article 5 (sections 14070-14072) and section filed 3-19-2024; operative 7/1/2024 (Register 2024, No. 12).