What Constitutes Sexual Harassment in the Workplace?

Sexual harassment is one of the most serious issues facing workers nationwide. Data from the Equal Opportunity Employment Commission (EEOC) found that between 2018 and 2021, there were 27,291 sexual harassment charges made by employees nationwide.

Given California’s massive population and workforce, sexual harassment is also an ongoing issue throughout the state. Not only is it an ongoing issue, but when it happens to you or other coworkers, it can have devastating consequences for victims. Thus, it’s crucial that employees are aware of their rights and understand what constitutes sexual harassment under California law.

Maison Law Protects Victims of Workplace Sexual Harassment

Suffering sexual harassment in the workplace is one of the most humiliating and painful experiences you can go through as a California worker. Whether you’re being sexually harassed by a customer, a coworker, or a boss, it is unfortunately a common occurrence throughout California.

At Maison Law, our team of experienced California employment lawyers proudly stands up for and protects the rights of any worker that is victimized, including sexual harassment victims.

We can make sure you understand your rights and are given the legal support you need to hold your employer accountable. To get started with a free consultation, contact us today.

How Does California Law Define Sexual Harassment?

California’s Fair Employment and Housing Act (FEHA) is the main law that prohibits discrimination and harassment in the workplace. This includes sexual harassment, which is typically defined as:

• Any unwanted sexual advances, unwanted requests for sexual favors, or other verbal or physical conduct that’s sexual in nature.

Importantly, the harassment has to be:

• Severe
• Pervasive

What this means, in the context of sexual harassment, is that it must be severe or pervasive enough to create a hostile work environment. This means that the harassment is to the level, either in its nature or frequency, that it creates a work environment that a reasonable person would find intimidating, hostile, or abusive.

It’s worth noting that California law provides broad protections against sexual harassment, including protecting employees from harassment by coworkers, supervisors, and third parties such as customers or vendors. Even with this definition in place, it can sometimes be difficult to figure out what actually constitutes sexual harassment. Because the legal definition is so broad, it can lead to a variety of different forms of harassment.

What Constitutes Sexual Harassment in the Workplace?

Sexual harassment in the workplace can take many different forms, and it can involve any unwelcome or unwanted sexual conduct that occurs in the context of employment. Some of the more common examples of behavior that may constitute sexual harassment in the workplace include:

• Unwelcome sexual advances or propositions
• Requests for sexual favors
• Sexual comments, jokes, or gestures
• Displaying sexually explicit images or objects
• Physical touching or contact, such as hugging, kissing, or touching someone’s body or clothing
• Making sexual gestures or facial expressions
• Using sexually suggestive or demeaning language
• Retaliation against an employee who complains about sexual harassment or participates in an investigation or legal proceeding related to sexual harassment.

Sexual harassment can occur between coworkers, between an employee and a supervisor, or between an employee and someone outside of the company, such as a client or vendor. It can happen in any type of workplace or any other work setting. Further, it’s not limited to situations involving the opposite sex, and it can involve same-sex harassment as well.

What Should You Do If You’re Experiencing Sexual Harassment At Work in California?

Not only is sexual harassment an ongoing problem in most workplaces, but it’s often traumatizing and difficult. Most of the time, it leaves you feeling isolated and alone, especially if your employer refuses to help you. While difficult, it’s important to remember that you have the right to work in an environment free from harassment and discrimination, and there are steps you can take to protect yourself and address the situation, such as:

• Speak up – If you feel safe doing so, you should tell the harasser that their behavior is unwelcome and needs to stop. If the harassment continues or you don’t feel comfortable confronting the harasser directly, you should report the harassment to your supervisor, HR representative, or another appropriate person within your company.
• Document the harassment – Keep a detailed record of the harassment, including dates, times, locations, and any witnesses to the conduct. This information may be helpful if you decide to pursue legal action or file a complaint with a government agency.
• File a complaint with your employer – Most companies have policies and procedures for addressing sexual harassment complaints. You should follow your company’s procedures for reporting harassment, which may involve speaking with your supervisor, HR representative, or another designated person. You should also keep a copy of any complaint you file.

Once you voice your concerns with your employer, they will be legally “on notice” and will be required to take action to stop the harassment. Unfortunately, this doesn’t always happen, and worse can sometimes lead to instances of retaliation. When this happens, the law gives you the option to take action against your employer to remedy the situation.

Legal Options For California Workplace Sexual Harassment Victims

Obviously, experiencing sexual harassment in the workplace can be demoralizing and scary. However, it requires a great deal of bravery to stand up to your employer for allowing an environment that leads to sexual harassment. That’s where our team of experienced employment lawyers can help you the most. By working with us, we’ll provide you with the legal support you need to recover from this treatment. One of the things we’ll apprise you of is your legal options, which include the following:

• Filing a complaint with a government agency – If you are not satisfied with your employer’s response or if you believe that your employer is not taking the complaint seriously, you may be able to file a complaint with a government agency, such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission. These agencies are responsible for enforcing California and federal laws regarding anti-harassment in the workplace. Once you file this complaint, the agency will investigate, gather evidence, and ultimately make a ruling.
• Filing a lawsuit – After the administrative process is complete, you can then file a lawsuit in civil court for damages, which can include:
  • Lost wages
  • Emotional distress
  • Pain and suffering
  • Attorneys fees

While it can be a lengthy and stressful process, our team has the experience and resources that can help you make sure you get the benefits and support available to you. We’ll handle all the claim-related responsibilities, like filing the Complaint and representing you in court.

Nobody should have to experience sexual harassment in the workplace, but there are countless examples of this type of conduct in California. If you’re experiencing sexual harassment at work, you shouldn’t hesitate to reach out to our team for help.

Contact Maison Law Today For a Free Consultation

At Maison Law, we firmly believe that every worker in California deserves to be treated fairly and respectfully. Still, instances of sexual harassment occur every day throughout California’s workplaces. Our team of experienced California employment lawyers can make sure that you or any other coworker that is experiencing this treatment are protected under the law. If you have any questions about how the law applies to sexual harassment at work or if you simply want to know more about your options, contact us for a free consultation.