All employees, whether male or female, should report incidents of sexual assault in the workplace to police and employers.
California employers must timely engage in a good faith interactive process with an employee to determine reasonable accommodations for victims’ who request a reasonable accommodation for the safety of the victim at work. Examples of reasonable accommodations may include modified schedule; transfer; reassignment; changed work telephone or work station; installed lock; an implemented safety procedure or adjustment to a job structure, facility, or requirement; assistance in documenting workplace sexual assault, domestic violence, or stalking; or a referral to a victim assistance organization such as Rape, Abuse & Incest National Network (“RAINN”’).
It is unlawful for employers to fire, discriminate against, or retaliate against an employee because the employee is a victim of sexual assault, domestic violence, or stalking if the employee provides notice to the employer or the employer has actual knowledge. The same goes for if a victim seeks relief from the employer, a government agency, or courts. It is also illegal for an employer to retaliate against an employee for reporting a violation of the law to the employer, a government agency, or a law enforcement agency.
Additionally, it is illegal for employers with 25 or more employees to discharge, discriminate against, or retaliate against employees who are victims of sexual assault, domestic violence, or stalking, for taking time off of work to seek medical attention for related injuries; to obtain services from a domestic violence shelter, program, or rape crisis center; to obtain related psychological counseling; or to participate in safety planning.