Sexual harassment in the workplace consists of any unwanted or non–consensual sexual advances or requests for sexual favors. Sexual harassment is illegal under Title VII of the Civil Rights Act, and those subjected to sexual harassment can take legal action against their employers.
Many employees hesitate to report sexual harassment out of fear of retaliation. But in some cases, it may not be clear when inappropriate behaviors cross the line and become harassment. If you believe you’ve been subject to sexual harassment at your work, you can talk to a Los Angeles sexual harassment lawyer about your legal options.
How California Defines Sexual Harassment
Sexual harassment in California consists of any unwanted and sexually suggestive physical contact or verbal conduct against a co-worker or subordinate. California treats sexual harassment as a form of discrimination, which makes it illegal under the provisions of the Fair Employment and Housing Act (FEHA).
More specifically, there are two components that make something sexual harassment: a subjective and an objective component. Here’s how they break down:
- Objective. The behavior would be considered offensive by others in the same circumstances.
- Subjective. The recipient of the behavior suffered distress or emotional harm that impacted their ability to work.
If an employee is subjected to harassment in the workplace and the employer fails to take action, the employee can file a civil rights complaint and may be able to sue the company for damages.
There Are Two Main Types of Workplace Sexual Harassment
There are two main types of sexual harassment in the workplace:
Quid Pro Quo
Quid pro quo (Latin for “this for that’) is when a superior conditions some job action on receiving sexual favors. For example, a supervisor requesting sex from an employee in exchange for granting a promotion would count as quid pro quo sexual harassment.
Similarly, it would be sexual harassment for a superior to threaten to fire a subordinate unless they engage in sexual acts with them. The superior must actually have the power to impact the employee’s job conditions for it to be quid pro quo harassment.
Hostile Work Environment
The other type of harassment is creating a hostile work environment through pervasive inappropriate behavior. A hostile work environment is created when harassment becomes so bad that it adversely impacts the employee’s ability to perform their job.
(310) 526-8383Behaviors That Can Constitute Sexual Harassment in the Workplace
Quid pro quo harassment is typically obvious, but it can be difficult to tell when behaviors create an unsafe and hostile work environment. Below are some examples of behaviors that could constitute sexual harassment in the workplace.
Physical
Forms of physical sexual harassment may include:
- Kissing or groping
- Unwanted hugging or touching
- Grabbing or blocking someone’s path
- Pinching or giving unwanted massages
- Sexual violence or attempted assault
Verbal/Written
You can be harassed through words as well, such as:
- Making lewd jokes or comments
- Suggestive emails or text messages
- Discussing sexual topics
Visual
Here are some visual examples of harassment:
- Showing sexual images or drawings
- Viewing obscene materials at work
- Making sexual/suggestive gestures or facial expressions
Some behaviors, like unwanted kissing or groping, clearly create a hostile environment, but others, like inappropriate jokes, may not clearly violate your rights and boundaries and constitute sexual harassment. If a behavior is repeated enough and makes it harder for you to perform your job, it could count as harassment, such as:
- Talking about or asking questions about an employee’s sex life
- Repeatedly asking a coworker on a date after being denied
- Making unsolicited comments about a coworker’s appearance or body
- Rubbing or brushing against someone’s leg
- Circulating nude or pornographic photos in the workplace
- Spreading sexual rumors or gossip about coworkers
- Giving gifts of a romantic or sexual nature
Note that a behavior doesn’t have to be directed at a specific person to count as harassment. For example, leaving nude photos up on a work computer could count as harassment, even if there was no intention for others to view them.
Legal Options if Your Rights and Boundaries Have Been Violated Through Sexual Harassment at Work
If you believe that you have been subjected to sexual harassment in the workplace, you should immediately report the violation to your HR department. Keep careful documentation of incidents in case you have to provide evidence in the future.
If your employer fails to address the problem for the offending employee, you can file a complaint with the state’s Civil Rights Department or with the federal Equal Employment Opportunity Commission (EEOC). You should also discuss your case with an employment lawyer. You may have the right to sue under California law to recover damages for your
- Emotional distress and mental anguish
- Back pay and lost income from missing work or taking time off
- The value of lost promotions and other work opportunities
- Reinstatement if you’ve been fired in retaliation for reporting harassment
- Attorneys fees and legal cost
You may also be able to recover punitive damages to punish your employer if they engage in an egregious violation of your rights.
Contact a Workplace Harassment Lawyer to Discuss Your Case
If you have more questions about your rights in sexual harassment cases, contact Omega Law Group today to discuss your case with a Los Angeles workplace sexual harassment lawyer.
We have recovered millions of dollars and are committed to putting our clients first. Always. Let us explain what sexual harassment is, as well as your rights and boundaries at work.
