For many people, workplaces have become a place of sexual harassment. A 2019 study found that 36 percent of women and 25 percent of men in California reported experiencing sexual harassment in the workplace. How can you identify whether you have been a victim of sexual harassment?
Sexual harassment includes any form of unwelcome sexual advances or creating a hostile workplace. The effects of sexual harassment can be devastating. The National Sexual Violence Resource Center reports that workplace sexual harassment can cause post-traumatic stress disorder (PTSD), depression, anxiety, and other physical manifestations therefrom for victims.
California law prohibits sexual harassment against an employee, an applicant, an unpaid intern or volunteer, or a contractor. Sexual harassment is prohibited in all workplaces even those with fewer than five employees.
In this post, we will explore how you can identify different types of sexual harassment. We will also see how you can seek justice if you have been a victim of unwelcome conduct in the Los Angeles workplace.
Defining Sexual Harassment in the California Workplace
The Attorney General of California defines workplace sexual harassment as “unwelcome sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex.” It is prohibited by California’s Fair Employment and Housing Act (FEHA) and the Federal Civil Rights Act of 1964 (Title VII).
Crucially, sexual desire does not have to play a part in sexual harassment in California – this offensive behavior can be rooted in an employee’s:
- Actual or perceived sexual orientation
- Actual or perceived gender or sex
- Pregnancy
- Childbirth
- Pregnancy or childbirth-related medical condition
Under California law, it does not matter whether the perpetrator of the sexual harassment is of the same gender as the victim or not. Employers in Los Angeles are required to maintain harassment-free workplaces, and penalties for failing in their duties can be severe.
Sexual harassment includes a wide range of behaviors that can make a workplace intolerable. However, they mainly fall into two categories – quid pro quo and hostile work environment harassment.
Quid Pro Quo Harassment
Quid pro quo translates as “this for that.” This form of sexual harassment is what most people think of when they think of sexual harassment. It occurs when the employer conditions a job benefit on sexual favors.
Quid pro quo harassment usually involves someone in authority and a victim in a subordinate position in the organization. A single unwelcome sexual advance by a supervisor linked to the granting or withholding of job benefits may support a quid pro quo claim.
Creating a Hostile Work Environment
Hostile work environment harassment is another category of workplace sexual harassment, and it can take many forms. It is unwelcome sexual conduct that is either pervasive or severe such that a reasonable person would consider the environment to be hostile.
Unlike quid pro quo harassment, it does not necessarily involve sexual desire. It can involve any unwelcome comments or behavior that make your workplace intimidating, abusive, or offensive.
Examples of hostile work environment harassment could include:
- Comments and gestures: These may take the form of graphic sexual comments in your presence, unwanted flirting, name-calling, jokes, and rude gestures; inappropriate comments about body parts, appearance, or clothing
- Imagery: Displaying sexually explicit images, posters, cartoons, or objects
- Messaging: Sending lewd emails, text messages, or social media messages
- Physical contact: Unwanted physical contact or inappropriate touching
- Non-verbal harassment: A coworker may create an offensive work environment without saying a word. Examples include:
- Looking you up and down
- Using sexual gestures
- Making sexually suggestive facial expressions
- Following or stalking
- Giving unwanted gifts
- Failing to respect personal space
The pattern of harassment in the workplace generally must be pervasive or severe enough that a reasonable person would find it hostile. Therefore, it is important to keep detailed records of harassment incidents and the forms they took.
Gender Identity-Based Sexual Harassment
Harassment based on one’s gender identity and/or gender expression is illegal. An example would be an employer cutting shifts or terminating an employee based on an employee making a complaint about gender-based sexual harassment. Employees also have the right to be addressed by the names and pronouns with which they identify and dress according to their gender identity. Harassing someone in the workplace for exercising these rights is not permitted under California law.
How to Handle Sexual Harassment at Work
Sexual harassment is a violation of your legal rights and has no place in the Los Angeles workplace. It is your employer’s responsibility to put a stop to it.
You have options, including reporting the sexual harassment to your employer, a government agency, or obtaining an attorney to help you negotiate a settlement of your claims or to file a lawsuit. Make sure you hire a law firm with experience in securing outstanding results for victims of sexual harassment.
AMG Law – Fearless Warriors for Sexual Harassment Victims
At Allred, Maroko & Goldberg, we have fought on behalf of sexual harassment victims for almost 50 years. We put our clients at the heart of what we do, fighting tenaciously for their rights while setting precedents that protect others. In one sexual harassment case that we handled – Mahim Khan v. Alki David et. al, we obtained a verdict of $52.4 million plus attorney’s fees.
Now is the time to let us advise you on your legal rights. Call 323-746-1853 or 646-992-2184 to schedule a confidential consultation with one of our experienced sexual harassment attorneys, or contact us confidentially through our online contact form.