A defense used in litigation by the defendant. Affirmative defenses work to limit or excuse a defendant's criminal fault or civil liability, even if the plaintiff's claim is proven, based on facts outside those claimed by the plaintiff.
Assembly Bill No. 1825
A bill enacted by the California legislature that requires most employers to provide their California supervisors with at least two hours of sexual harassment prevention training every two years.
The person alleging that sexual harassment happened to her.
complaint
A statement of dissatisfaction, usually by an individual but sometimes by a union or management, concerning an improper application or interpretation of a policy or action concerning sexual harassment.
conciliation
A voluntary discussion process between the accused party and the complainant that occurs after the EEOC has determined there is "reasonable cause" to suspect harassment. An investigator facilitates a discussion between the parties in an effort to find an appropriate remedy for the complaint.
An agency that enforces California's Fair Employment and Housing Act and other California laws prohibiting unlawful discrimination and harassment with regard to employment and housing.
Abbreviation for Equal Employment Opportunity Commission, a federal agency, which enforces various statutes prohibiting discrimination and harassment and aims to end employment discrimination in the United States.
A California statute that provides protection against harassment or discrimination on the basis of age, religion, race, medical condition, and sex, among other things.
finding of no cause
A conclusion that there is insufficient evidence to support a finding of a violation.
A concept used to describe sexual harassment where the harassment is based on an individual's gender. The harassing behavior is directed because the person is a man or a woman and does or does not conform with stereotypical gender roles of what a man or woman does, says, or wears, or the like. Gender-based harassment differs from sex-based harassment in that the latter involves sexual conduct (verbal, physical, nonverbal) regarding sex in the prurient or explicit sense, not gender in the social norms or expectations sense.
A form of sexual harassment where the behavior unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
A voluntary process whereby the complainant and the accused party negotiate to find a solution that is agreeable to both parties. It is usually conducted by a neutral third party but it can occur without the involvement of external parties.
A form of sexual harassment whereby an individual with authority uses that authority to coerce an employee into submitting to his/her sexual advances in exchange for job benefits, or will remove job benefits if the advances are rejected.
A concept used to determine whether or not behavior is sexual harassment by considering the behavior in light of how a reasonable person would view such behavior.
A form of discrimination involving adverse action against an employee for making a complaint, opposing unlawful employment practices, or participating in an investigation of such a complaint or opposition.
RFI
A formal request by an external agency to a company that has received an external complaint. The RFI may ask the company to submit copies of personnel policies, personnel files of the complainant and other relevant individuals, and other documents relevant to the agency's investigation of the complaint.
A voluntary process whereby the parties negotiate to reach a resolution of a dispute or complaint. If the parties reach an agreed settlement, the case is closed with no admission of liability by any of the parties.
statement of position
A company's statement to an external government agency that sets forth its side of the story for an external complaint it has received.
An aspect of quid pro quo harassment whereby sexual advances put forward by the harasser are rejected, resulting in subsequent detrimental consequences to the victim, such as loss of job benefits.
A concept used in determining whether behavior is sexual harassment, by considering whether the behavior was viewed by the recipient as unacceptable or unwanted.