Harassment or Workplace Violence? How to Proceed When the Answer Is Both

California has many laws designed to keep employees safe in the workplace. For instance, California’s Fair Employment and Housing Act (FEHA) prohibits workplace harassment based on a legally protected characteristic, while California’s workplace violence prevention standards require employers to take steps to prevent workplace violence. Both laws impose specific obligations on employers to prevent harassment and workplace violence, promptly investigate triggering incidents and take remedial action when necessary to prevent recurrence.

Occasionally, these laws overlap and create a complex set of obligations for California employers. And this overlap becomes particularly significant when a single workplace