California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 5 - Harassment, Coercion, Intimidation, and Retaliation › Section 14070 - Harassment Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.