California Workplace Sexual Harassment

You Deserve to Feel Safe at Work.

Sexual harassment is a form of discrimination based on sex, gender, gender identity, gender expression, or sexual orientation. Sexual harassment can take on many forms – some overt and some subtle. However, all forms of sexual harassment can be highly damaging to employees, resulting in chronic depression, anxiety, stress, and other emotional, psychological, and physical manifestations of harm. If you have been a victim of harassment, talk to a workplace sexual harassment lawyer to ensure your rights are protected.

What is Workplace Sexual Harassment?

California and federal law recognize two forms of sexual harassment: “Quid Pro Quo” harassment and “Hostile Work Environment” harassment.

Quid Pro Quo Harassment

Quid pro quo harassment occurs when someone in a position of authority requires you to engage in sexual activity as a condition of employment or to obtain work-related benefits. Some examples of quid pro quo harassment are:

• A boss or supervisor fires you, demotes you, or subjects you to unfavorable working conditions for refusing to engage in sexual conduct.
• A boss or supervisor provides you with a raise, promotion, or other job benefits in exchange for a sexual favor.

Hostile Work Environment

A hostile work environment occurs when unwelcome comments and/or conduct based on sex unreasonably interfere with an employee’s work performance, or creates a hostile, intimidating, or offensive work environment. In order to be unlawful, the harassment must be severe or pervasive. However, even a single act of harassment may constitute unlawful harassment if it is sufficiently severe. Some examples of conduct that create a hostile work environment are:

• Unwanted sexual advances or propositions;
• Comments, epithets, slurs or jokes of a sexual nature;
• Displaying offensive or suggestive objects, pictures, cartoons, or posters;
• Leering;
• Offensive gestures;
• Graphic or offensive comments about an individual’s body;
• Using obscene or sexually degrading words or comments;
• Inappropriate texts messages or emails; and
• Unwanted physical touching, as well as impeding or blocking movement.