The Risk of Workplace Harassment Prevention is More Than Just HR Compliance - It’s About Risk of Litigation for CA Employers

California has the highest statutory framework of any state when it comes to providing a safe workplace from harassment. Under FEHA (Gov Code § 12900 through 12996) employers have an affirmative duty to take reasonable steps to prevent and to promptly correct harassment that occurs in the workplace (Gov Code § 12940(k)). 

Importantly, exposure will occur not only based on alleged misconduct, but also based on how the employer has structured its policies, provided training to its employees, investigated complaints received from employees, and documented the employer’s response to the complaints of workplace harassment. 

For guidance on California harassment prevention compliance — including policy reviews, training requirements, and internal investigation procedures — contact the ILS legal team at contact@consultils.com. We help employers reduce litigation risk through practical, business-focused compliance strategies.

What are the Key Risk Areas for Legal Compliance with California Harassment Law?

1. Supervisor Harassment = Higher Exposure 

Employers are strictly liable for harassment committed by a supervisor (Gov Code § 12940(j)(1)). Therefore, employer oversight and training of management is critical.

2. Mandatory Training Requirement

Employers with 5 or more employees are required to provide:

• 2 hours every 2 years for supervisors

• 1 hour every 2 years for non-supervisory employees

• Every new hire and newly promoted supervisor must complete their training within the first 6 months of hire/promotion(Gov Code § 12950.1).

Training must be interactive and cover gender identity and sexual orientation.

3. The Written Policy Mandates

According to California regulations (2 CCR § 11023), each Harassment Prevention Policy shall include multiple reporting avenues, non-retaliation assurances, and prompt investigation commitments. The policy must be translated into the predominant language used within the workplace if 10% or more of the employees are using a language other than English.

4. The Risk of Investigating Harassment Complaints and Retaliation

Legally, jurors will place much focus on how an employer responds to an employee's claim of harassment, rather than the actual claim itself. If an employer fails to investigate a complaint in a timely and thorough manner, it can significantly increase their exposure.

In California, retaliation claims can often have more financial exposure than the underlying harassment claim (See Gov. Code § 12940(h)).

Practical Compliance Tips for Employers

Review policies and procedures to confirm they both comply with applicable regulations and accurately reflect how they are implemented at work：

• Confirm all employee training records and scheduling systems are current;

• Implement formal investigation procedures;

• Carefully document any remedial action taken in response to an employee's complaint.

• Lastly, evaluate your company's risk of retaliation prior to taking against an employee following that employee's complaint.

In California's legal environment, preventing harassment has become an essential part of a company’s overall risk management.

Final Takeaway

Social media and AI are reshaping hiring, but they should support—not replace—human judgment and legal safeguards.

The key isn’t whether you use these tools, but whether your company has a structured compliance framework, consistent review standards, and transparent decision-making protocols. Only by balancing speed with accountability can employers truly hire smarter—without risking costly legal fallout.

For guidance on California harassment prevention compliance — including policy reviews, training requirements, and internal investigation procedures — contact the ILS legal team at contact@consultils.com. We help employers reduce litigation risk through practical, business-focused compliance strategies.

Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

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As Managing Partner at ILS, Richard Liu ranks among the leading U.S. attorneys in corporate, employment, and regulatory law. He is known for crafting legal strategies aligned with clients’ business objectives and advising Fortune 500 companies, startups, and executives on corporate transactions, financing, privacy, and employment matters across the technology, healthcare, and financial sectors.

Before founding ILS, Richard practiced at top defense firms, where he developed a reputation for anticipating risks and designing strategies that balance protection with growth. He has secured favorable outcomes in contract and intellectual property disputes, represented clients in state and federal courts, and is recognized for combining large-firm expertise with boutique-firm agility. Richard is also a frequent speaker at industry and legal conferences.

Email: contact@consultils.com | Phone: 626-344-8949

Sheila brings combined U.S. litigation experience and prior legal practice in China, with a focus on complex commercial disputes, insurance defense, and high-exposure civil litigation. In California, she has independently managed full litigation matters, conducted depositions, appeared regularly in court, and drafted substantive pleadings and motions for cases involving major corporations, public entities, and sophisticated business disputes.

Before relocating to the U.S., Sheila advised multinational clients in China on foreign direct investment, entity formation, due diligence, and commercial contracts, while also handling civil litigation matters involving contracts, labor, real estate, and debt disputes.

Email: contact@consultils.com | Phone: 626-344-8949