Sexual Harassment Overview

Under the law, there are two forms of sexual harassment:

Quid pro quo: Employment decisions or conditions are contingent on the basis of sexual demands.

Hostile work environment: An employee’s ability to perform work is severely affected by an environment of unwelcome verbal or physical sexual conduct, sexual depictions (cartoons, photos, drawings), or sexually-based jokes or conversations that are occurring more than once in a blue moon.

Sexual demands, touching, joking, and other explicit lewd behavior all qualify as sexual harassment. You have the right as an employee to work in a workplace free from adverse sexual conditions. This protection from workplace sexual harassment is covered under Title VII of the Civil Rights Act which applies to all employers with more than 15 employees. Not only are employees shielded from sexual harassment, but Title VII also protects them from retaliation for complaining or being part of an investigation regarding sexual harassment. It is strongly encouraged that you communicate any forms of sexual harassment to a supervisor or work human resources department. If the behavior still persists or your employer does not take steps to stop the offending behavior, you might be able to bring a case forward. The California Department of Fair Employment and Housing also polices this area, issues guidance and pamphlets, and has extensive laws and regulations prohibiting this kind of behavior.

What Is Illegal Workplace Harassment Under California Law?

When people refer to “harassment” in everyday language, they might be referring to a situation where someone was nagging them or repeatedly making fun of them, or repeatedly criticizing them. There are all kinds of situations that might lead a person to refer to the poor treatment they receive as harassment, such as being made fun of for the type of car they drive or the food that they brought to work one day. Under California law, it’s not illegal to make fun of someone for these types of things. What is at’s illegal is to harass someone on the basis of a protected class or protected category, such as race, gender, religion, sexual orientation, age, and disability.

If you need further information regarding Sexual Harassment, please contact us at (310) 477-7767 or fill out the form here.