Sexual harassment in the workplace is not just an uncomfortable issue; it’s a serious violation of employees’ rights that can have far-reaching consequences. That said, most don’t know when a “lighten up” moment crosses the line to grounds for legal recourse. So, what qualifies as a harassment charge in California?
Whether you’re wondering if someone’s behavior has passed into harassment territory or if you’re sure it has and are wondering how to take action, it is important to have legal guidance through the landscape of sexual harassment in California. You should know how to identify it and when to reach out to a Newport Beach sexual harassment attorney.
Sexual Harassment in the Workplace
Sexual harassment refers to any unwelcome behavior of a sexual nature that creates an offensive, intimidating, or hostile work environment for the victim(s). Under California law, sexual harassment can occur in a variety of forms, which can range from more blatant physical actions to not-as-obvious verbal conduct.
Regardless, the defining characteristic of sexual harassment is that the behavior is unwelcome and interferes with the ability of the victim to perform their job duties in a comfortable and professional setting.
Whether it’s an ongoing pattern of inappropriate behavior or one single incident, sexual harassment can turn the work environment upside down and affect the well-being of employees. Luckily, California’s Fair Employment and Housing Act (FEHA) provides protections against sexual harassment and requires employers to take reasonable steps to prevent and address it in the workplace.
Types of Sexual Harassment in California
California law recognizes two primary kinds of sexual harassment in the workplace. Both are illegal under state law, but they differ in the nature of the behavior and how the harassment occurs.
Quid Pro Quo
When a person in a position of power demands sexual favors for job benefits, like promotions, raises, better schedules, or even continued employment, it is considered quid pro quo harassment.
This type of harassment is typically easy to identify, as it involves explicit offers or demands tied directly to the victim’s employment status or work conditions. However, it’s essential to understand that even implicit or subtle demands can still fall under this category.
Hostile Work Environment
When unwelcome sexual conduct creates an environment that is intimidating, hostile, or offensive, even if no direct exchange for job benefits is involved, it creates a hostile work environment. This kind of harassment is more subtle and can take many forms, such as inappropriate comments, gestures, or jokes.
Examples of hostile work environment sexual harassment include:
- Repeated and unwanted sexual comments or jokes.
- Unwelcome advances, touching, or physical contact.
- Displaying sexually suggestive materials in the workplace.
- Persistent unwanted requests for dates or sexual favors.
- Sending sexually explicit messages, whether by email, text, or social media.
For an environment to be considered hostile, the harassment must be severe or pervasive enough to interfere with the employee’s job performance. One isolated incident may not qualify, but repeated conduct that negatively impacts the employee’s work environment and emotional well-being can create a hostile work environment.
Employer Responsibility for Preventing Sexual Harassment
Employers in California are legally required to take proactive steps to prevent and address sexual harassment in the workplace. This includes:
- Implementing Clear Policies. Employers must have anti-harassment policies in place that clearly define what constitutes sexual harassment and the consequences of engaging in such behavior. The policy should also include a procedure for investigating complaints.
- Training. Employers are required to provide regular sexual harassment training to all employees, particularly supervisors and managers, so they can identify, prevent, and address harassment in the workplace.
- Taking Prompt Action. Employers must take action if they are aware of harassment. This includes investigating complaints, taking disciplinary action against the perpetrator if necessary, and providing support to the victim.
Failure to address sexual harassment can lead to severe consequences for employers, including legal liability, personal claims, and damage to the company’s reputation.
Filing a Sexual Harassment Complaint in California
Once you’ve identified that you’re a victim of sexual harassment at work, it’s essential to take immediate action. The first step is reporting the behavior. If your employer fails to act, or if the harassment continues, you can file a formal complaint with the Civil Rights Department (CRD).
By seeking legal counsel alongside reporting to the appropriate authority, you can ensure that you have backup in case their investigations mount to nothing. With a Newport Beach sexual harassment attorney, like one from the California Employment Counsel, APC, you can be ready for anything they throw your way.
FAQs
Q: Can I File a Sexual Harassment Complaint Anonymously?
A: While you can report sexual harassment anonymously to some extent, it’s typically appropriate to provide your contact information when filing a formal complaint with the CRD or with your employer. This helps facilitate a more thorough investigation, facilitates your employer’s and/or the CRD’s ability to follow up on statements and with witnesses, and allows you to receive updates about the status of your case.
Q: Does a Single Inappropriate Comment Qualify as Sexual Harassment?
A: It depends on the severity of the comment and whether it creates a hostile work environment. A single, isolated comment may not be enough to qualify as harassment, but if the comment is severe or part of a pattern of behavior, it may be considered harassment. When in doubt, reach out to the office of California Employment Counsel, APC, where we can review your case and determine the next steps.
Q: Can an Employer Retaliate Against Me for Filing a Sexual Harassment Complaint?
A: Absolutely not. Retaliation for reporting sexual harassment is illegal under California law, so if you experience reprisal in the form of demotion, termination, or other adverse actions, you have the right to file a separate complaint for retaliation. If you find yourself in this position, reach out to the California Employment Counsel, APC, as soon as possible.
Q: How Do I Prove That Sexual Harassment Is Severe or Pervasive?
A: To prove that harassment is severe or pervasive, you need to show that the conduct occurred repeatedly and created a work environment that was intimidating, hostile, or offensive. This may include witness testimony, emails, text messages, or records of complaints you made to your employer. At the California Employment Counsel, APC, we can review your evidence and advise on your next steps.
Reach Out to a Newport Beach Sexual Harassment Attorney
If you need help addressing harassment claims in your workplace, California Employment Counsel, APC, is here to support you through the process. We’re ready to stand with you so you can stand up for yourself. Contact us today to schedule a consultation.