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.
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, demgotes 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.
ANYONE CAN BE A VICTIM OF SEXUAL HARASSMENT
Sexual harassment is not limited to any specific gender or sexual orientation – it can occur in a variety of circumstances to any individual.
Sexual harassment is not limited to men harassing women. The victim and the harasser may be a woman or a man. They also do not have to be of the opposite gender. The victim and harasser may be of the same gender, regardless of sexual orientation or gender identity.
The harassment does not need to be motivated by sexual attraction or desire. It can include offensive remarks based on a person’s gender.
The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area of the company, a co-worker, or a non-employee (such as a client or customer).
The victim does not have to be the target of the harassment – it can be anyone affected by the offensive conduct.
California requires employers to take reasonable steps to prevent harassment, and to create a workplace that is free of harassing conduct. If an employer fails to take such steps, they can be held liable for harassment. Under California law, employers are strictly liable for harassment perpetrated by their supervisors or agents. Employers can also be liable for harassment committed by co-workers and non-employees (such as customers or clients) if they knew or should have known about the harassment and failed to take immediate and appropriate corrective action. All harassers, regardless of their position in a company, may be held personally liable for sexual harassment or for aiding or abetting sexual harassment.
Unfortunately, despite these legal protections, sexual harassment continues to be a common problem for workers across all industries. The U.S. Equal Employment Opportunity Commission (“EEOC”) reports that it received 27,291 charges alleging sexual harassment between 2018 to 2021, constituting more than a third of all charges received by the EEOC during that time period. However, these numbers do not reflect the full scope of workplace harassment. Studies conducted by the EEOC found that roughly three out of four victims of sexual harassment never report harassment out of fear that they will not be believed, that no corrective action will be taken, or that they will be subjected to retaliation.
If you have been sexually harassed at your job you do not have to be silent. You deserve to have your harasser or harassers held accountable and to get justice. Sexual harassment victims may be entitled to a wide range of remedies such as damages for emotional distress, back pay, promotion, hiring, reinstatement, and injunctive relief requiring an employer to change its policies and practices.
Parker & Minne understands the delicate nature of these claims and have helped numerous employees get the justice they deserve. Contact us today for a free initial consultation.