WORKPLACE SEXUAL HARASSMENT – EMPLOYEES
Sexual harassment can manifest in many forms, ranging from outright assault to subtle psychological abuse in the workplace. For employees pursuing a claim of sexual harassment, the key to building a solid case is securing a witness who can corroborate the events, as you can be certain that the accused side will wholly deny it.
Above all, prioritizing your safety is essential. If you are currently experiencing, have experienced, or fear becoming a victim of sexual harassment, it’s crucial to minimize contact with the harasser or potential harasser whenever possible, and promptly notify human resources or management. The harasser may attempt to lure you into situations where you are isolated, such as after hours or on weekends; simply deny these invitations. By clearly setting boundaries, you prevent the harasser from escalating their behavior, ensuring that the situation does not reach a point of no return.
SEXUAL HARASSMENT DEFINED
Sexual harassment is defined by the United States Equal Employment Opportunity Commission (EEOC) as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” In California, workplace sexual harassment includes verbal physical, and visual harassment, in addition to unwanted sexual advances, as outlined in Cal. Code Regs., tit. 2, § 11034(f). There are many subtle ways in which a female or male can be sexually harassed at work. If you are unsure if something qualifies as harassment, simply call one of our sexual harassment attorneys at (619) 793-4827. We’re here to help clarify your situation.
WHEN IS CONDUCT CONSIDERED SEXUAL HARASSMENT?
According to the United States Equal Employment Opportunity Commission, workplace conduct, or behavior directed at an employee or applicant constitutes sexual harassment when it meets the following criteria:
- The conduct explicitly or implicitly affects an individual’s employment;
- It unreasonably interferes with an individual’s work performance; and
- It creates an intimidating, hostile, or offensive work environment.
In California, the standard for determining sexual harassment is both objective and subjective. This means that not only must a reasonable person find the environment hostile or abusive, but you, the victim, must also feel the same way. As stated in Lyle v. Warner Bros. Television Productions, 38 Cal. 4th 264, 284 (2006), a sexually objectionable environment must be one that a reasonable person would find hostile or abusive, and one that the victim also perceives as such.
California law also does not require that the motive behind the harassment must be explicitly sexual. As noted in Singleton v. United States Gypsum Co., 140 Cal.App.4th 1547, 1564 (2006), sexual harassment occurs when sexual favors are used as a tool or weapon to create a hostile work environment, even if the intent is not sexual in nature.
It’s important to note that sexual harassment is not limited to overt sexual advances. It can include any unwelcome behavior or conduct based on sex, gender, or sexual orientation that disrupts the work environment and negatively impacts an employee’s well-being or ability to perform their job. Employers must take proactive measures to prevent and address sexual harassment to foster a safe and respectful workplace.
In simple terms, the plaintiff must demonstrate that the harassment occurred because of their sex, but they do not need to prove that the harassment was driven sexual desire. Pantoja v. Anton, 198 Cal.App.4th 87, 114 (2011).
TYPES OF SEXUAL HARASSMENT
In California, sexual harassment is classified into two main types: (1) Quid Pro Quo Sexual Harassment and (2) Hostile Work Environment Sexual Harassment.
“Quid Pro Quo” (Latin for “this for that”) sexual harassment occurs when an employer demands that an employee or applicant submit to sexual advances or other conduct of a sexual nature as a condition for employment or promotion. Cal. Code Regs., tit. 2, § 11034(f)(1).
QUID PRO QUO WORKPLACE SEXUAL HARASSMENT
In California, quid pro quo harassment happens when an employee or an applicant is required to submit to sexual conduct, as a condition for receiving specific employment benefits. These benefits include but are not limited to: (1) hiring, (2) promotion, (3) job retention, (4) salary raise, or (5) other similar employment benefits. See Fisher v. San Pedro Peninsula Hospital, 214 Cal.App.3d 590, 607 (1989). There are many instances where our sexual harassment attorneys have discovered such issues. For example, a manager would promote a person only if they slept with him or her, and additionally kept it a secret. Anything you share with our attorneys is protected by the attorney-client privilege.
Claims for quid pro quo sexual harassment are different from bothersome attentions or sexual remarks. While such behavior and conduct may be intrusive to a work environment to some degree, it does not meet the standard for a quid pro quo sexual harassment claim. See Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 751, 753-754 (1998). The United States Supreme Court in Ellerth highlighted the key difference in whether a plaintiff has proven a case of quid pro quo sexual harassment. The Court stated that the conduct the plaintiff experiences must involve “threats that are carried out” and the behavior in question must be severe or pervasive.
Examples of Quid Pro Quo Harassment Include:
- Requests for sexual favors, such as an employer or supervisor offering an employee a raise in exchange for sex.
- A supervisor telling an employee to have sex with them or face termination, or lack of a promotion.
- A supervisor telling an employee to have sex with them or face demotion.
- A job applicant being asked to engage in sexual acts to secure a position.
HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT
In cases of hostile work environment sexual harassment, courts consider several factors, such as the nature of the conduct, how frequent it was, and the context of the conduct.
Note: The conduct must be severe or pervasive. Typically, hostile work environments involve multiple incidents or a pattern of harassment over time, making it pervasive. Common examples of conduct that contribute to a hostile work environment include:
- Unwelcome sexual advances
- Sexual comments, slurs or taunts
- Groping, kissing or unwanted touching
- Sending sexually explicit emails, texts or pictures
- Pervasive displays of materials with sexually explicit images or language
EMPLOYER’S RESPONSIBILITY TO PREVENT SEXUAL HARASSMENT
Just so you know what your employer’s duties are, in California, employers have a legal obligation to prevent and promptly address sexual harassment in the workplace. Not only must employers take steps to stop harassment, but they can also be held liable if they fail to act appropriately when harassment occurs.
Once your employer becomes aware of sexual harassment, whether through a formal complaint by you or direct observation, they must take immediate and appropriate action to stop the harassment. This may include:
- Conducting a prompt and thorough investigation into the allegations.
- Taking corrective action if harassment is confirmed, which can include disciplining or terminating the harasser.
- Ensuring that the victim of harassment is not subjected to retaliation for reporting the behavior.
Legal Liability for Failure to Act
If an employer fails to meet these responsibilities, they can be held liable for damages, including compensatory and punitive damages (where you would receive a payment in addition to all your damages meant to punish them), if the harassment results in a hostile work environment or tangible employment actions. Employers may also be held liable if they fail to prevent sexual harassment despite having knowledge of the issue.
By taking proactive steps to prevent and address sexual harassment, employers can create a safe and respectful workplace environment, reducing the risk of legal consequences and fostering a positive, productive work culture.
LAWS THAT PROTECT AGAINST SEXUAL HARASSMENT
Federal Law
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis, making sexual harassment unlawful under federal law.
State Law
In California, the Fair Employment and Housing Act (“FEHA”) specifically makes sexual harassment unlawful. FEHA generally provides more extensive protection and higher damages for employees who are victims of workplace sexual harassment.
Contact Us for a Consultation: Speak directly with an experienced Sexual Harassment Lawyer at (619) 793-4827.
If you’ve experienced sexual harassment, don’t wait to act. Contact the experienced attorneys at San Diego Biz Law, APC today for a confidential consultation. We’re here to help you understand your rights and fight for the justice you deserve.
The material in this article, provided by San Diego Biz Law, APC, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.
WORKPLACE SEXUAL HARASSMENT – EMPLOYEES
Sexual harassment can manifest in many forms, ranging from outright assault to subtle psychological abuse in the workplace. For employees pursuing a claim of sexual harassment, the key to building a solid case is securing a witness who can corroborate the events, as you can be certain that the accused side will wholly deny it.
Above all, prioritizing your safety is essential. If you are currently experiencing, have experienced, or fear becoming a victim of sexual harassment, it’s crucial to minimize contact with the harasser or potential harasser whenever possible, and promptly notify human resources or management. The harasser may attempt to lure you into situations where you are isolated, such as after hours or on weekends; simply deny these invitations. By clearly setting boundaries, you prevent the harasser from escalating their behavior, ensuring that the situation does not reach a point of no return.
SEXUAL HARASSMENT DEFINED
Sexual harassment is defined by the United States Equal Employment Opportunity Commission (EEOC) as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” In California, workplace sexual harassment includes verbal physical, and visual harassment, in addition to unwanted sexual advances, as outlined in Cal. Code Regs., tit. 2, § 11034(f). There are many subtle ways in which a female or male can be sexually harassed at work. If you are unsure if something qualifies as harassment, simply call one of our sexual harassment attorneys at (619) 793-4827. We’re here to help clarify your situation.
WHEN IS CONDUCT CONSIDERED SEXUAL HARASSMENT?
According to the United States Equal Employment Opportunity Commission, workplace conduct, or behavior directed at an employee or applicant constitutes sexual harassment when it meets the following criteria:
- The conduct explicitly or implicitly affects an individual’s employment;
- It unreasonably interferes with an individual’s work performance; and
- It creates an intimidating, hostile, or offensive work environment.
In California, the standard for determining sexual harassment is both objective and subjective. This means that not only must a reasonable person find the environment hostile or abusive, but you, the victim, must also feel the same way. As stated in Lyle v. Warner Bros. Television Productions, 38 Cal. 4th 264, 284 (2006), a sexually objectionable environment must be one that a reasonable person would find hostile or abusive, and one that the victim also perceives as such.
California law also does not require that the motive behind the harassment must be explicitly sexual. As noted in Singleton v. United States Gypsum Co., 140 Cal.App.4th 1547, 1564 (2006), sexual harassment occurs when sexual favors are used as a tool or weapon to create a hostile work environment, even if the intent is not sexual in nature.
It’s important to note that sexual harassment is not limited to overt sexual advances. It can include any unwelcome behavior or conduct based on sex, gender, or sexual orientation that disrupts the work environment and negatively impacts an employee’s well-being or ability to perform their job. Employers must take proactive measures to prevent and address sexual harassment to foster a safe and respectful workplace.
In simple terms, the plaintiff must demonstrate that the harassment occurred because of their sex, but they do not need to prove that the harassment was driven sexual desire. Pantoja v. Anton, 198 Cal.App.4th 87, 114 (2011).
TYPES OF SEXUAL HARASSMENT
In California, sexual harassment is classified into two main types: (1) Quid Pro Quo Sexual Harassment and (2) Hostile Work Environment Sexual Harassment.
“Quid Pro Quo” (Latin for “this for that”) sexual harassment occurs when an employer demands that an employee or applicant submit to sexual advances or other conduct of a sexual nature as a condition for employment or promotion. Cal. Code Regs., tit. 2, § 11034(f)(1).
QUID PRO QUO WORKPLACE SEXUAL HARASSMENT
In California, quid pro quo harassment happens when an employee or an applicant is required to submit to sexual conduct, as a condition for receiving specific employment benefits. These benefits include but are not limited to: (1) hiring, (2) promotion, (3) job retention, (4) salary raise, or (5) other similar employment benefits. See Fisher v. San Pedro Peninsula Hospital, 214 Cal.App.3d 590, 607 (1989). There are many instances where our sexual harassment attorneys have discovered such issues. For example, a manager would promote a person only if they slept with him or her, and additionally kept it a secret. Anything you share with our attorneys is protected by the attorney-client privilege.
Claims for quid pro quo sexual harassment are different from bothersome attentions or sexual remarks. While such behavior and conduct may be intrusive to a work environment to some degree, it does not meet the standard for a quid pro quo sexual harassment claim. See Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 751, 753-754 (1998). The United States Supreme Court in Ellerth highlighted the key difference in whether a plaintiff has proven a case of quid pro quo sexual harassment. The Court stated that the conduct the plaintiff experiences must involve “threats that are carried out” and the behavior in question must be severe or pervasive.
Examples of Quid Pro Quo Harassment Include:
- Requests for sexual favors, such as an employer or supervisor offering an employee a raise in exchange for sex.
- A supervisor telling an employee to have sex with them or face termination, or lack of a promotion.
- A supervisor telling an employee to have sex with them or face demotion.
- A job applicant being asked to engage in sexual acts to secure a position.
HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT
In cases of hostile work environment sexual harassment, courts consider several factors, such as the nature of the conduct, how frequent it was, and the context of the conduct.
Note: The conduct must be severe or pervasive. Typically, hostile work environments involve multiple incidents or a pattern of harassment over time, making it pervasive. Common examples of conduct that contribute to a hostile work environment include:
- Unwelcome sexual advances
- Sexual comments, slurs or taunts
- Groping, kissing or unwanted touching
- Sending sexually explicit emails, texts or pictures
- Pervasive displays of materials with sexually explicit images or language
EMPLOYER’S RESPONSIBILITY TO PREVENT SEXUAL HARASSMENT
Just so you know what your employer’s duties are, in California, employers have a legal obligation to prevent and promptly address sexual harassment in the workplace. Not only must employers take steps to stop harassment, but they can also be held liable if they fail to act appropriately when harassment occurs.
Once your employer becomes aware of sexual harassment, whether through a formal complaint by you or direct observation, they must take immediate and appropriate action to stop the harassment. This may include:
- Conducting a prompt and thorough investigation into the allegations.
- Taking corrective action if harassment is confirmed, which can include disciplining or terminating the harasser.
- Ensuring that the victim of harassment is not subjected to retaliation for reporting the behavior.
Legal Liability for Failure to Act
If an employer fails to meet these responsibilities, they can be held liable for damages, including compensatory and punitive damages (where you would receive a payment in addition to all your damages meant to punish them), if the harassment results in a hostile work environment or tangible employment actions. Employers may also be held liable if they fail to prevent sexual harassment despite having knowledge of the issue.
By taking proactive steps to prevent and address sexual harassment, employers can create a safe and respectful workplace environment, reducing the risk of legal consequences and fostering a positive, productive work culture.
LAWS THAT PROTECT AGAINST SEXUAL HARASSMENT
Federal Law
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis, making sexual harassment unlawful under federal law.
State Law
In California, the Fair Employment and Housing Act (“FEHA”) specifically makes sexual harassment unlawful. FEHA generally provides more extensive protection and higher damages for employees who are victims of workplace sexual harassment.
Contact Us for a Consultation: Speak directly with an experienced Sexual Harassment Lawyer at (619) 793-4827.
If you’ve experienced sexual harassment, don’t wait to act. Contact the experienced attorneys at San Diego Biz Law, APC today for a confidential consultation. We’re here to help you understand your rights and fight for the justice you deserve.
The material in this article, provided by San Diego Biz Law, APC, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.