📋 Overview
You've received a demand letter alleging workplace harassment. Under California's FEHA, employers can be held liable for harassment by supervisors, and may be liable for harassment by co-workers if they knew or should have known and failed to take corrective action. This guide helps you evaluate the claim and respond appropriately.
⚠ Strict Liability Risk
Employers are strictly liable for harassment by supervisors. For co-worker harassment, liability attaches if employer knew and failed to act.
🕒 Investigation Required
California law requires prompt, thorough investigation of all harassment complaints. Document your investigation process.
💰 Avoidable Liability
The Faragher-Ellerth defense may limit liability if you had anti-harassment policies and the employee unreasonably failed to use them.
Types of Harassment Claims
- Quid Pro Quo - Supervisor conditions job benefits on sexual favors or submission to harassment
- Hostile Work Environment - Severe or pervasive conduct that alters working conditions
- Sexual Harassment - Unwelcome sexual conduct, comments, or advances
- Non-Sexual Harassment - Harassment based on race, religion, age, disability, or other protected characteristics
Case review, professional response letter, up to 2 revisions. Often resolves matters without litigation.
🔍 Evaluate the Claim
Before responding, investigate the allegations thoroughly. Harassment claims require showing conduct was severe or pervasive enough to create an abusive working environment.
Risk Assessment Matrix
| Harassment Type | Potential Damages | Risk Level |
|---|---|---|
| Quid pro quo by supervisor | Strict liability + unlimited emotional distress + punitives | HIGH |
| Hostile environment (severe) | Emotional distress + lost wages + punitives | HIGH |
| Co-worker harassment (known) | Emotional distress + lost wages | HIGH |
| Single incident (non-physical) | May not meet severity threshold | MEDIUM |
| Investigated and corrected | May have affirmative defense | LOW |
📄 Policy Review
- ✓Anti-harassment policy in place
- ✓Policy distributed to all employees
- ✓Complaint procedure clearly stated
- ✓SB 1343 training completed
📝 Investigation Records
- ✓Prior complaints from this employee
- ✓Complaints against alleged harasser
- ✓Witness statements and interviews
- ✓Corrective actions taken
⚠ Investigate Immediately
Upon receiving a harassment complaint, you must conduct a prompt, thorough, and impartial investigation. Document every step. Failure to investigate is itself evidence of negligence and can defeat your affirmative defenses.
🛡 Your Defenses
California recognizes several defenses to harassment claims. Your best protection is having proper policies and responding appropriately to complaints.
Avoidable Consequences / Faragher-Ellerth Defense
If you maintained a clear anti-harassment policy with complaint procedures, and the employee unreasonably failed to use them to avoid harm, you may limit or avoid liability for supervisor harassment (not quid pro quo).
Prompt Corrective Action
For co-worker harassment, employers are liable only if they knew or should have known and failed to take immediate and appropriate corrective action. If you investigated promptly and took effective remedial measures, this is a defense.
Conduct Not Severe or Pervasive
To be actionable, harassment must be severe or pervasive enough to create an abusive work environment. Isolated, minor incidents may not meet this standard.
Not Based on Protected Characteristic
FEHA prohibits harassment based on protected characteristics. General workplace bullying or personality conflicts, while unpleasant, may not be unlawful harassment.
🚨 Defenses That Won't Work
- "It was just joking around" - Intent doesn't matter, impact does
- "Everyone talks like that here" - Workplace culture is not a defense
- "The employee was too sensitive" - Standard is reasonable person in their position
- "We didn't know" - You have a duty to know and prevent harassment
⚖ Response Options
Based on your investigation, choose the appropriate response strategy.
📊 Cost-Benefit Analysis: Settlement vs. Litigation
Example: Hostile work environment claim
💡 Training Matters
California law (SB 1343) requires all employers with 5+ employees to provide sexual harassment prevention training. Failure to train can be evidence of negligence and undermines your defenses. Ensure compliance.
📝 Sample Responses
Copy and customize these response templates for your situation.
🚀 Next Steps
What to do after receiving a harassment claim demand letter.
Step 1: Don't Retaliate
Any adverse action against the complainant can create a separate retaliation claim, even if the harassment claim fails.
Step 2: Investigate Promptly
Begin your investigation immediately. Document every step, interview, and finding.
Step 3: Separate if Needed
If appropriate, temporarily separate the complainant from the alleged harasser during investigation.
Step 4: Take Corrective Action
If harassment is confirmed, take prompt and effective corrective action proportional to the offense.
If They File with CRD
- Position Statement - You may submit a written response to the allegations
- Mediation - CRD offers free mediation services
- Investigation - CRD may investigate or issue immediate right-to-sue
If They File a Lawsuit
- Answer within 30 days - File your response to avoid default
- Discovery - Expect extensive document production and depositions
- Summary Judgment - If no triable issues exist, you may seek dismissal
Get Professional Help
Harassment claims require careful handling. Get a professional response letter drafted on attorney letterhead.
Schedule Consultation - $450