From a legal standpoint, sexual harassment can be defined as any unwelcomed workplace sexual conduct or advance creating an offensive, hostile, or intimidating work environment. Sexual harassment can range from repeated belittling or offensive jokes and remarks to workplaces filled with pornographic images or outright physical assault.
While most sexual harassment cases involve men sexually harassing females, sexual assault victims can be of any gender or sexual orientation, making sexual harassment a genuinely equal opportunity type of offense.
Thankfully, California and federal laws exist to protect employees from workplace sexual harassment. To further protect your rights as an employee, speak with an experienced labor law attorney. For more information or to schedule a complimentary consultation with one of our Orange County sexual harassment employment lawyers, please call 949-727-9300.
This article will explore sexual harassment in the workplace and offer steps that you can take to protect yourself if you’re a victim of sexual harassment at work.
What Behaviors are Considered Sexual Harassment?
Behaviors that rise to the level of workplace sexual harassment include the following:
- Unwelcomed sexual advances.
- Unwelcomed requests for favors that are sexual.
- Unwelcomed sexual, physical contact.
- Unwelcomed visual or verbal conduct that is sexual.
- Unwelcomed or offensive comments that are sexual.
California law states that unwelcomed physical or verbal conduct that is sexual can include deliberate, repeated unsolicited sexual comments or gestures and deliberate, repeated displays of offensive and graphic sexual materials not needed for conducting business. Other types of sexual harassment can include unwelcome sexual advances, offensive sexual comments, and physical contact.
The following section defines some of the most common types of sexual harassment in greater detail:
Unwelcomed Physical Contact
Unwelcomed physical contact is probably the most apparent form of workplace sexual harassment. Unwanted physical contact can often be far more offensive and damaging than words and verbal abuse
Requests for Sexual Favors
Even if said as a joke, any request for a sexual favor is considered a verbal form of sexual harassment and can be grounds for a sexual harassment claim.
Derogatory Sexual Comments
Derogatory sexual comments are a common form of workplace sexual harassment. Derogatory sexual comments can include slurs, insults, jokes, or any other kind of verbal sexual harassment. Derogatory sexual comments can be general, directed toward a specific group, such as those of a particular gender or sexual identity, or target one specific individual.
Inappropriate Sexual Propositions
Propositions in a workplace setting are not uncommon. Typically, a one-time request from a coworker asking you out for a date is not sufficient grounds for a sexual harassment case, except when that request comes from a supervisor. However, a valid sexual harassment claim may exist if you receive repeated advances or are punished for rejecting such advances.
Favoritism or Unequal Treatment
Sexually-based discrimination is illegal in California. This type of discrimination occurs when a supervisor rewards an employee they are in a sexual relationship with or punishes those refusing to participate in sexual activities.
Unwanted Advances
California law strictly prohibits offensive and unwanted sexual advances. Such advances do not necessarily have to be verbal. Depending on their frequency and severity, written advances via text or email can also constitute sexual harassment in the workplace.
Quid Pro Quo Sexual Harassment
Quid pro quo sexual harassment occurs when an unwelcome sexual advance or the request for a sexual favor is presented as an employment condition or advancement in the organization. For example, it would be a quid pro quo situation when a supervisor or manager requests or demands certain sexual favors, or even a date, in exchange for a promotion or favorable treatment.
Isolated Sexual Harassment Incidents
Recent California laws now make it clear that single instances of sexual harassment are enough to file a claim regarding sexually hostile working environments if the conduct unreasonably interferes with a victim’s performance or creates a hostile, intimidating, or offensive work environment.
How to Report Sexual Harassment
If you believe that you are a victim of workplace sexual harassment, there are several steps you should take to protect yourself.
- Tell Your Harasser to Cease Their Behavior
Although it can be difficult, your first step is to tell your harasser that you want them to stop their behavior. It is essential because it sends a clear message to the offender that their behavior is not welcome. That step must occur to meet legal thresholds for sexual harassment and be crucial if you choose to take formal action.
- Complain to a Supervisor
If telling your harasser to stop doesn’t change their behavior, you must escalate the complaint within your organization. Although making a complaint to a supervisor may be challenging, and you might want to skip that step, don’t. Most courts expect you to exhaust all other avenues in a sexual harassment case before bringing a lawsuit.
- Document All Sexual Harassment Claims
Regardless of the nature of the harassment, be sure to document the harassment itself as well as what you have done to try and stop it. That includes taking copious notes that include dates and times of incidents, copies of any correspondence or offending materials, photos where applicable. Gather as much evidence as possible to make your case to superiors, the government, a judge, or a jury.
- File a Government Complaint
If your employer does not help, you should file a complaint with the United States Equal Employment Opportunity Commission. A complaint should be filed before bringing a lawsuit to help give further credence to your claim.
- Speak with a Workplace Sexual Harassment Attorney
To take further action against all parties responsible for the continued harassment, you should contact an expert Orange County employment lawyer who specializes in sexual harassment matters.
Hire an Experienced Sexual Harassment Employment Attorney
If you are the victim of sexual harassment in the workplace, you should hire an experienced sexual harassment attorney to help you review your options. At the Law Offices of Samer Habbas & Associates, our employment lawyers are experts in helping workplace sexual harassment victims get the justice they deserve. Let our compassionate and knowledgeable labor law attorneys guide you through the process and help you stand up against your harassers.
Our experienced employment lawyers will evaluate your case, help you determine if you have grounds for a lawsuit, and help you fight for compensation. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our labor law attorneys represent victims of sexual harassment in the workplace across Southern California. For more information or to schedule a complimentary consultation with an experienced Orange County sexual harassment employment lawyer, please call 949-727-9300.
