Landlord Retaliation: California Laws
Introduction
Harassment is a serious issue that can have far-reaching consequences for victims, whether it occurs in the workplace, in public, or online. In California, several laws prohibit various forms of harassment and provide remedies for those who have been targeted. This comprehensive guide will explore the different types of harassment recognized under California law, the legal definitions and standards that apply, and the options available for victims seeking protection and redress.
Defining Harassment Under California Law
California law recognizes several forms of harassment, each with its own legal definition and standards. Some of the most common types of harassment include:
- Civil Harassment refers to a broad category of harassing behaviors not covered by other specific harassment laws. Under California Code of Civil Procedure § 527.6, civil harassment is defined as unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person and that serves no legitimate purpose.
- Workplace Harassment: California’s Fair Employment and Housing Act (FEHA) prohibits harassment in the workplace based on protected characteristics such as race, religion, sex, sexual orientation, gender identity, and disability. Workplace harassment can take many forms, including verbal, physical, and sexual harassment.
More about Harassment
- Sexual Harassment: Sexual harassment is a form of sex discrimination that is prohibited under both California and federal law. It can include unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile work environment or is used as a basis for employment decisions.
- Criminal Threats: Under California Penal Code § 422, it is a crime to willfully threaten to commit a crime that will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat. The threat must be so clear, immediate, unconditional, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of executing the threat.
- Stalking: California Penal Code § 646.9 defines stalking as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear for their safety or the safety of their immediate family. Stalking can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant’s criminal history.
Elements of a Harassment Claim
To establish a claim for harassment under California law, a plaintiff generally must prove the following elements:
- The defendant engaged in a course of conduct that seriously alarmed, annoyed, or harassed the plaintiff;
- The defendant’s conduct served no legitimate purpose;
- The plaintiff suffered substantial emotional distress as a result of the defendant’s conduct and
- A reasonable person in the plaintiff’s position would have suffered substantial emotional distress due to the defendant’s conduct.
In workplace harassment, a plaintiff must also show that the harassment was severe or pervasive enough to create a hostile work environment or that a tangible employment action was taken against the plaintiff due to the harassment.
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Remedies for Harassment Victims
Victims of harassment in California have several options for seeking protection and redress, depending on the type of harassment involved and the case circumstances.
Civil Remedies
In a civil harassment case, a plaintiff can seek a restraining order against the harasser under Code of Civil Procedure § 527.6. If granted, the restraining order can prohibit the harasser from contacting or coming near the plaintiff and can include other provisions as necessary to protect the plaintiff’s safety and well-being.
A plaintiff can also file a civil lawsuit against the harasser for monetary damages, including compensatory damages for emotional distress and punitive damages in cases of malicious or oppressive conduct.
Criminal Charges
In cases involving criminal threats or stalking, the harasser may face criminal charges and penalties. Criminal threats are a “wobbler” offense in California, meaning they can be charged as either a misdemeanor or a felony depending on the circumstances. A misdemeanor conviction for criminal threats can result in up to one year in county jail, while a felony conviction can result in up to three years in state prison.
Stalking is also a wobbler offense, with penalties ranging from up to one year in county jail for a misdemeanor conviction to up to five years in state prison for a felony conviction.
Workplace Remedies
Victims of workplace harassment have several options for seeking relief, including:
Filing a complaint with their employer’s human resources department or designated harassment complaint officer;
Filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC);
Filing a civil lawsuit against their employer and/or the individual harasser for monetary damages and injunctive relief.
The Role of Restraining Orders
Restraining orders are a critical tool for protecting harassment victims from further harm. In California, there are several types of restraining orders available, including:
Civil Harassment Restraining Orders: These orders are available in civil harassment cases, as defined under Code of Civil Procedure § 527.6.
Domestic Violence Restraining Orders: These orders are available to victims of abuse by a spouse, former spouse, cohabitant, dating partner, or family member.
Workplace Violence Restraining Orders: These orders are available to employers seeking to protect their employees from violence or threats of violence by a non-employee.
To obtain a restraining order, a plaintiff must file a petition with the court and provide evidence of the harassment or abuse. The court will then hold a hearing to determine whether to grant the restraining order and what provisions to include. If granted, the restraining order can remain in effect for up to five years and be renewed upon petition to the court.
Harassment in the Digital Age
With the proliferation of smartphones, social media, and other digital communication tools, harassment has increasingly moved online. California law has evolved to address this new reality, with several statutes specifically targeting online harassment and abuse.
For example, California Penal Code § 653.2 makes it a crime to use an electronic communication device to send obscene, threatening, or harassing messages with the intent to annoy or harass the recipient. Similarly, Penal Code § 653m prohibits repeating telephone calls or contact through an electronic communication device to annoy or harass the recipient.
In addition, California’s “revenge porn” law, Penal Code § 647(j)(4), makes it a crime to intentionally distribute a photograph or recorded image of an identifiable person’s intimate body parts or sexual acts without their consent and with the intent to cause emotional distress.
Employer Liability for Workplace Harassment
Under California law, employers can be held liable for workplace harassment committed by their employees, even if the employer was unaware of the harassment. This is known as “vicarious liability” or “respondent superior” liability.
To avoid liability, employers must take reasonable steps to prevent and promptly correct harassing conduct in the workplace. This includes implementing and enforcing anti-harassment policies, providing regular harassment prevention training to employees, and establishing a complaint process for reporting and investigating harassment incidents.
If an employer fails to take reasonable steps to prevent and correct harassment, they can be held liable for the harasser’s conduct. They may be required to pay monetary damages to the victim.
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Retaliation is Prohibited
California law prohibits employers from retaliating against employees who report harassment or participate in harassment investigations or proceedings. Retaliation can include any adverse employment action, such as termination, demotion, or reduction in pay or hours.
Employees who experience retaliation for reporting harassment or participating in harassment investigations or proceedings can file a complaint with the DFEH or EEOC, or file a civil lawsuit against their employer for monetary damages and injunctive relief.
Statute of Limitations for Harassment Claims
It’s important for harassment victims to be aware of the applicable statute of limitations for their claims. In California, the statute of limitations for filing a civil harassment lawsuit is generally two years from the date of the last harassing act. For workplace harassment claims filed with the DFEH, the statute of limitations is generally three years from the date of the last harassing act.
However, there are some exceptions and variations to these general rules, so it’s important for harassment victims to consult with an experienced attorney as soon as possible to ensure that their claims are filed in a timely manner.
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Frequently Asked Questions
What is the difference between civil harassment and criminal harassment in California?
Civil harassment is a broad category of harassing behaviors that are not covered by other specific harassment laws, while criminal harassment refers to specific crimes such as criminal threats and stalking that are prohibited under the California Penal Code.
Can I file a harassment lawsuit if I don’t have any physical evidence of the harassment?
Yes, you can file a harassment lawsuit even if you don’t have physical evidence such as photographs or recordings. However, you will need to provide other evidence to support your claim, such as witness testimony, email or text message records, or medical records documenting any physical or emotional injuries you suffered as a result of the harassment.
What should I do if I’m being harassed at work?
If you’re being harassed at work, you should report the harassment to your employer’s human resources department or designated harassment complaint officer. You should also document the harassment incidents in writing, including the date, time, location, and any witnesses. If your employer fails to take appropriate action to address the harassment, you can file a complaint with the DFEH or EEOC, or consult with an attorney about filing a civil lawsuit.
Can I get a restraining order against someone who is harassing me online?
Yes, you can seek a civil harassment restraining order against someone who is harassing you online. To obtain a restraining order, you will need to file a petition with the court and provide evidence of the online harassment, such as screenshots of harassing messages or posts.
How much does it cost to file a harassment lawsuit in California?
The cost of filing a harassment lawsuit in California can vary depending on the complexity of the case and the amount of damages sought. Some attorneys may take harassment cases on a contingency fee basis, meaning they will only get paid if they win the case.
Others may charge an hourly rate or require a retainer fee upfront. Discussing fees and costs with your attorney before a lawsuit is essential.
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Conclusion
Harassment is a serious issue that can have devastating consequences for victims. California law provides several options for victims to seek protection and redress, including civil harassment restraining orders, criminal charges, and workplace remedies. Harassment victims need to document the harassment incidents, report the harassment to the appropriate authorities, and seek legal advice as soon as possible to ensure that their rights are protected.
By working together to prevent and address harassment in all its forms, we can create a safer and more just society for everyone.
Civil Harassment
John repeatedly sends threatening messages to his neighbor, Sarah, because of a dispute over a property line. Sarah fears her safety and files a civil harassment restraining order against John.
Workplace Harassment
Emily, a marketing manager, is constantly subjected to unwanted sexual advances and lewd comments from her co-worker, Mark. She reports the harassment to her HR department, which fails to take appropriate action. Emily then files a complaint with the DFEH.
Sexual Harassment
David, a university professor, promises his student, Lisa, an A in his class in exchange for sexual favors. Lisa refused and reported David’s behavior to the university’s Title IX office.
Criminal Threats
Michael sends his ex-girlfriend, Jessica, a series of threatening text messages, stating that he will hurt her and her family if she doesn’t get back together with him. Jessica reports the threats to the police, and Michael is arrested and charged with making criminal threats.
Stalking
A famous actress, Rachel, is being followed and harassed by a fan named Tom. Tom repeatedly shows up at Rachel’s home and workplace, sending her numerous unwanted gifts and letters. Rachel fears for her safety and obtains a civil harassment restraining order against Tom.
Online Harassment
Samantha, a high school student, is being bullied and harassed by her classmates on social media. They create fake profiles in her name and post embarrassing photos and comments about her. Samantha’s parents report the harassment to the school and the police.
Employer Liability
Robert, a supervisor at a large company, repeatedly makes offensive racial jokes and comments to his subordinate, Maria. Maria reports the harassment to the company’s HR department, but no action is taken. The company is later found liable for Robert’s harassing conduct in a lawsuit filed by Maria.
Retaliation
Jason, a sales associate, reports his manager, Linda, to the company’s ethics hotline for sexually harassing him. A week later, Jason suddenly leaves his job. Jason files a retaliation complaint with the EEOC.
Revenge Porn
Ashley and her boyfriend, Chris, break up after a long-term relationship. In retaliation, Chris posts intimate photos and videos of Ashley on social media without her consent. Ashley files a police report, and Chris is charged under California’s revenge porn law.
These examples illustrate the various forms of harassment prohibited under California law and the different remedies available to victims.
Remember, if you or someone you know is experiencing harassment, it’s essential to document the incidents, report the harassment to the appropriate authorities, and seek legal advice to protect your rights.
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