Sexual harassment in the workplace can take on different forms and involve a wide range of situations. Sexual harassment can occur from a coworker, manager, customer, or client towards an employee. Examples of sexually harassing behaviors can range from making inappropriate comments or jokes to engaging in unwanted touching, as well as offering job benefits or promotions in exchange for sexual favors.
Today, there is increased societal attention on workplace sexual harassment due to the emergence of movements like #MeToo and prominent civil and criminal cases being extensively covered in the media.
People who have experienced sexual harassment should not be forced to endure it quietly. If you are experiencing sexual harassment at work, it’s crucial to reach out to an experienced Los Angeles workplace harassment lawyer who can assist in clarifying your legal rights and choices.
What Qualifies as Sexual Harassment in California?
Sexual harassment can occur without any occurrence of sex or sexual activities. Acts like teasing, bullying, or making offensive comments rooted in stereotypes about how specific individuals are expected to behave may be included. It may also include harassing an individual or a team of workers due to their gender, gender identity, or sexual orientation. Sexual harassment is described as unwanted sexual advances, demands for sexual favors, and other verbal or physical behaviors of a sexual nature.
Sexual harassment is classified into two categories.
Quid pro quo: This form of sexual harassment happens when it is expressly or indirectly indicated that a job-related choice depends on the employee’s acceptance of sexual behavior. Quid pro quo sexual harassment happens in situations where an employee is told or suggested that they must agree to sexual behavior to keep their job. If an employee is pressured into going on a date with their supervisor or performing a sexual act in exchange for a promotion or training opportunity, they are likely experiencing quid pro quo sexual harassment. “Quid pro quo” refers to exchanging something for something else.
Hostile work environment: Hostile workplace sexual harassment happens when unwanted behavior of a sexual nature causes a work environment that is intimidating, threatening, or abusive to the extent that it significantly hinders the employee’s ability to perform job responsibilities. An individual who harasses others does not have to hold a position of power. At times, the harasser might be someone who is a peer.
What Acts Are Considered Sexual Harassment?
Sexual remarks: This encompasses off-color jokes or remarks about someone’s appearance, gossip about someone’s sex life, discussing one’s sexual activities in public, as well as sharing or giving out explicit materials. These various forms of unwelcome remarks can be shared in face-to-face conversations or through email, instant messaging, blogs, websites, social media platforms, and more.
Unwanted advances: refer to receiving letters, harassing phone calls, office visits, and being pressured for dates or sexual favors by someone. These are situations where a sexual or romantic motive is obvious but not desired.
Inappropriate touching: such as hugging, kissing, fondling, or exposing oneself for others to see, is considered inappropriate. This encompasses criminal behaviors like rape, sexual assault, or other coerced sexual actions. Remember to immediately inform law enforcement if any criminal activity has taken place.
Sexist comments: Many believe that harassment needs to be sexually driven to be deemed unlawful. Nonetheless, according to Title VII, it is against the law to engage in offensive behavior towards an employee related to their gender, if it is frequent and intense enough to make the work environment uncomfortable. For instance, a work environment could be unfriendly if managers are consistently using stereotypes against women, dictating what they should wear, or excluding them from crucial meetings due to their gender.
Harassment by others: When harassment is done by a manager or coworker, it is against the law. However, according to federal regulations, it is also the employer’s duty to ensure employees are safeguarded from harassment coming from external sources such as customers, clients, vendors, or business partners. If the employer becomes aware or should be aware, of any harassment taking place, immediate steps must be taken to address and halt the harassment.
It is crucial to understand that individuals who are harassed and those who do the harassing can be any gender. Typically, when thinking of sexual harassment, the first image that comes to mind is a woman being harassed by a man. Although this scenario is still common, there have been several instances of women harassing men in the work environment. Harassment between individuals of the same gender, whether it involves men or women, is against the law.
How Can I Report Sexual Harassment?
Law enforcement: In the case of severe sexual harassment or criminal acts, it is crucial to promptly report the incident to law enforcement. If a sexual assault or rape happens in the workplace, on a business trip, or off-site, it may be best to immediately contact the police. Report the incident to the police and request a copy of the report for your documentation. Your employment attorney can assist you in obtaining a duplicate of the police report.
Your employer: Many companies have well-defined policies and procedures for dealing with sexual harassment. Refer to your employee handbook or any other policy documents that were provided to you when you joined the company. This information might also be accessible through your employee portal. The policy of your company may require you to report a grievance to your immediate boss. Nonetheless, if the person causing harassment is your superior (which is frequently the situation), you might consider approaching their superior or the HR department.
Union: Union members can discuss workplace sexual harassment with a union representative. Your union representative could act as an intermediary between you and your boss. If the person who is harassing you is part of the union, keep in mind that the union has the responsibility to defend and support them too. In instances like these, it’s best to only share the details of your situation with your employment attorney.
EEOC Claim: You also have the option of submitting a complaint to the Equal Employment Opportunity Commission (EEOC) or to a state or local agency. Before you can file a lawsuit for sexual harassment under federal law, you must take this step. Your lawyer can inform you about the specific deadlines that each agency has for submitting claims and complaints. After you submit a charge, the agency will investigate to determine if harassment occurred. If the agency does not find a reason, the employee will receive the Notice of Right to Sue and can proceed with a sexual harassment lawsuit independently. If the agency determines there is a reason, they may attempt to address the problem with the employer directly or provide you with the option to take legal action by filing a lawsuit.
Lawsuit: After obtaining a right-to-sue notification, you must initiate a workplace sexual harassment lawsuit within 90 days. The most advisable course of action would be to talk about this with your employment lawyer. Although most sexual harassment lawsuits are resolved outside of court, it is important to have a Los Angeles lawyer with trial expertise in case a jury trial is needed.
