What Is Indirect Sexual Harassment in the Workplace in California? 2024

Sexual harassment in the workplace degrades workers and creates toxic work environments. While there are state and federal laws that prohibit harassment in the workplace, it is an unfortunate reality that those acts continue to persist in our work environments. One lesser-known type of sexual harassment is indirect sexual harassment. Anyone who is unsure what is indirect sexual harassment in the workplace in California can consult with a sexual harassment lawyer to learn more about this type of unlawful behavior.

Can Sexual Harassment Be Indirect?

Yes. One form of sexual harassment that violates California law under the Fair Employment and Housing Act is known as indirect sexual harassment. Employers have a legal obligation to address and prevent all forms of sexual harassment in the workplace to ensure a safe and respectful working environment for all employees. When misconduct at work by one or more individuals creates a toxic work environment, it can leave multiple people dealing with indirect harassment.

One example would be a manager who puts up a sexually explicit poster that is viewable by other co-workers. The poster can be degrading and humiliating for people who have to put up with seeing it on a regular basis.

Another way that indirect sexual harassment can affect a workplace is when lude jokes are made open within earshot of other employees. This can make them feel very uncomfortable. No worker should have to feel uncomfortable at their place of work.

Indirect sexual harassment is just one harmful result of a hostile work environment. Indirect sexual harassment violates California’s anti-discrimination laws. Even when the harassing behavior is not explicitly directed toward one individual, the harm done to workers can give the employees legal grounds for filing complaints.

What Does Sexual Harassment Look Like in the Workplace?

Indirect sexual harassment results from active harassment in the work environment. Harassment violates state law under the Fair Employment and Housing Act. Common examples of sexual harassment that can lead to indirect sexual harassment include:

• Sexual propositions: Employers are prohibited from insinuating that job-related benefits are contingent upon the exchange of sexual favors, nor are they allowed to impose work-related consequences for refusing requests for sexual favors.
• Sexually provocative materials: Employers and their employees are not permitted to display pornographic or sexually suggestive material in the workplace. These open displays can lead to indirect sexual harassment that allows workers to hire an employment attorney to seek compensation.
• Vulgar language: All workers have the right to a respectful workplace. Employers must establish codes of conduct promoting mutual respect. If an employee is consistently offended by vulgar sexual language and their supervisor fails to address it, it could lead to a sexual harassment claim.
• Inappropriate touching. One of the most offensive and potentially criminal acts that can take place in the workplace involves non-consensual touching. Unwanted touching of a sexual nature occurs at work and can leave the employer civilly liable and the at-fault party facing charges of sexual battery.
• Degrading comments: Sexually demeaning comments can harm victims. Many face ongoing ridicule based on sex or sexual orientation. If demands to stop such comments go unheeded, or if employers retaliate for speaking out, it’s crucial to contact a Los Angeles sexual harassment attorney promptly.

When workers witness these open acts of sexual harassment, they may become victims of indirect sexual harassment. Indirect harassment can be just as humiliating and demeaning as other forms of sexual harassment. One way you can address this misconduct is by hiring a workplace attorney who will hold the at-fault parties accountable and end the offensive behaviors.

FAQs

Q: What Behaviors Are Considered Criteria for a Hostile Work Environment in California?

A: Harassment and discrimination are common behaviors that can create a hostile work environment in California. Hostile work environments usually result from pervasive acts of misconduct, not isolated incidents.

When one or more employees or managers continually engage in inappropriate or unlawful behavior, that can make other co-workers feel uncomfortable, belittled, and harassed. Overall, the company suffers due to the actions of one or a handful of people.

Q: What Is the Workplace Harassment Policy in California?

A: Individual companies often have workplace harassment policies. When an employee violates those internal rules, there can be consequences that can include disciplinary measures or termination. At the state level, there are laws that protect workers from harassment. One example would be California’s Fair Employment and Housing Act.

There are also federal laws that add similar protections. If you have experienced workplace harassment, an employment law attorney can help you end the harmful practices at your place of work.

Q: What Is Proof of a Hostile Work Environment?

A: Proof of hostile work environments comes primarily from witnesses, texts, emails, pictures, and recordings. Testimony by victims can serve as proof of a hostile work environment. To successfully file a complaint that can lead to compensation, a labor law attorney often gathers other forms of corroborating evidence like emails and communications describing the misconduct and witness statements.

Q: How Do You Prove Someone Is Creating a Hostile Work Environment?

A: In civil cases, the legal standard is known as a preponderance of evidence. The attorney representing the workplace victim must show through evidence that it is more likely that someone created a hostile work environment than not. The burden of proof is on the person filing the complaint, but there is often ample evidence available once things reach the point that legal action is needed to stop the misconduct.

Schedule Your Workplace Sexual Harassment Consultation Today

No form of sexual harassment is acceptable in the workplace. If you have been forced to witness inappropriate acts of a sexual nature, you may be the victim of indirect sexual harassment. With the help of an employment attorney, you can file a complaint with the appropriate government agency.

At Shirazi Law Firm, P.C., our lawyers have helped many workers receive fair compensation after they become direct or indirect victims of workplace sexual harassment. Our legal team will represent you so you do not have to worry about directly interacting with the people who engaged in the misconduct. With our help, you may be able to receive compensation for your emotional injuries. To schedule your consultation, contact our office today.