Sexual Harassment Causing Injury – California Workers Compensation Law
Sexual harassment on the job can cause injury to the worker entitling the injured worker to claim benefits under California workers compensation law. The type of injury usually involved in sexual harassment situations is one for psychiatric disorder resulting from sexual harassment at work. Because workers compensation is a no-fault system, the types of discriminatory act is not relevant. The only relevant factor is whether a psychiatric disorder resulted from the employment and whether the employment situation that resulted in the psychiatric disorder was a good faith personnel actions by the employer. If expert medical testimony shows that a psychiatric disorder resulted from work and the cause of the psychiatric disorder is not the result of a good faith personnel action by the employer, then the injured worker is entitled to workers compensation benefits on a pure psychiatric basis even though no physical injury occurred.