Blurred lines and personal space just do not mix. Sexual harassment in the workplace is one of those issues that’s not always black and white but tends to operate in shades of gray. A comment or action may feel like harmless banter to one person, but the same could be perceived as something far more serious by another. So, what makes a behavior qualify as harassment?
The law does not require that harassment be malicious or overtly violent, but it does need to involve unwelcome conduct that either alters the work environment or creates an intimidating atmosphere. The Carson sexual harassment attorneys of California Employment Counsel, APC, can help those in need.
Understanding Harassment and Its Legal Definition
Workplace harassment, including sexual harassment, involves unwelcome behavior based on a protected characteristic, such as gender, race, religion, or sexual orientation. This means any unwelcome behavior that interferes with an individual’s work performance or creates a hostile, intimidating, or offensive work environment becomes grounds for harassment. While this is the broad definition, the nuance lies in what unwelcome behavior means.
Sexual harassment can manifest in many ways, ranging from inappropriate jokes, comments, or physical actions that make someone feel uncomfortable to more severe behavior like sexual advances or assault.
However, the one thing that determines if an action qualifies as harassment is not the intent of the person engaging in the behavior but whether the conduct was uninvited and unwanted.
Types of Workplace Sexual Harassment
Sexual harassment can be categorized into two main types: quid pro quo and hostile work environment.
- Quid Pro Quo Harassment. If a supervisor, manager, or employer promises career advancement in exchange for sexual favors, this is quid pro quo harassment. This type of harassment is often very blatant and showcases a clear abuse of power.
- Hostile Work Environment. Unwelcome sexual behavior breeds unease, fear, and hostility. It doesn’t necessarily involve explicit offers or demands, but it still creates an environment where victims feel unsafe, uncomfortable, or degraded. The behavior doesn’t need to be directed at a specific individual for it to qualify as harassment; it can affect the entire workplace environment.
What Makes Behavior Qualify as Harassment?
These behaviors could qualify as harassment.
- Unwanted Sexual Propositions or Advances. These can include asking for sexual favors, making suggestive comments, continuously asking a coworker out on dates, or making requests that involve an abuse of power. This type of behavior, even when veiled as a joke or compliment, may be interpreted as coercion and falls under quid pro quo harassment.
- Inappropriate Comments or Jokes. Remarks about a person’s body, sexual preferences, or appearance can create an uncomfortable and unsafe work environment. These remarks can be direct or indirect, but their impact remains the same. A person who finds these comments unwelcome is entitled to take action, even if the behavior wasn’t very threatening.
- Physical Touch or Gestures. Unwelcome touching or physical gestures can range from inappropriate handshakes, pats, or hugs to more serious physical interactions. These can range from subtle acts of physical aggression to more explicit conduct. It’s important to note that physical actions that violate someone’s personal space or bodily autonomy are often viewed as harassment, even if the harasser is not trying to be malicious.
- Displaying Offensive Material. Posting or showing sexually explicit materials in a workplace can create an atmosphere of harassment. This includes sending sexually explicit emails, sharing inappropriate videos or memes, or leaving pornographic images in common areas.
- Sexual Language or Comments. Sometimes, the line between friendly banter and inappropriate conduct gets fuzzy, but it’s important to recognize that language involving sexually explicit content, double meanings, or sexually charged jokes can create a hostile work environment. Even if a person doesn’t outwardly object, it doesn’t necessarily mean they consent to the behavior.
California offers robust protections against sexual harassment in the workplace. Under the California Fair Employment and Housing Act (FEHA), all employees are entitled to work in an environment free from discrimination and harassment, and employers are required to take appropriate steps to prevent harassment, which includes providing training, investigating complaints, and taking immediate corrective action.
Document the incidents, report to the appropriate channels, and reach out to a harassment lawyer as soon as possible.
FAQs
Q: Is Off-Duty Conduct Ever Considered Workplace Harassment?
A: Yes, off-duty conduct can be considered workplace harassment if it affects the work environment. For example, inappropriate messages or behavior at work-related social events are not soon forgotten, and the damage created then follows everyone into the office on Monday. California law recognizes that harassment outside work hours can still impact employees’ comfort or safety at work.
Q: Can a One-Time Comment Qualify as Harassment?
A: If the comment is severe enough to create a hostile work environment or cause significant distress, it can qualify as harassment. For example, a graphic or threatening sexual remark could meet this criteria. Under California law, the court considers the context, severity, and impact on the victim when determining if isolated incidents constitute harassment.
Q: Are Workplace Relationships Ever Grounds for a Harassment Claim?
A: Workplace relationships can lead to harassment claims if they result in unwelcome conduct, favoritism, or a hostile work environment. Even consensual relationships may raise issues if one party feels pressured or if others perceive unfair treatment. Employers must monitor these dynamics to ensure professional boundaries and prevent harassment from happening.
Q: Can Non-Employees Be Held Responsible for Workplace Harassment?
A: Yes, non-employees like clients, vendors, or contractors can be held responsible for workplace harassment. Employers are required to address and prevent harassment by any individual who interacts with their workforce, and failing to take reasonable steps to protect employees from non-employee harassment may result in legal liability for the employer.
The Importance of Recognizing and Addressing Harassment
If you’re experiencing sexual harassment in your workplace, it’s important to take action. Speak up, report it to HR, and seek legal counsel. At California Employment Counsel, APC, we’re committed to helping employees in California fight against harassment in all its forms. No one should have to endure harassment at work, and it’s crucial to address it as soon as possible to prevent it from escalating. Contact us today to schedule a consultation.