Types of Sexual Harassment Recognized Under California Law

In California and across the United States, workers are exposed to harmful sexual harassment practices that infringe upon their rights and their ability to safely live and work. By staying vigilant and understanding the various types of sexual harassment recognized under California law, employees and employers can fight for a secure work environment and make sure their workplace practices are in line with California law.

Understanding Sexual Harassment

Under the Fair Employment and Housing Act (FEHA) in California, workplace behaviors like sexual harassment are against the law. Sexual harassment happens when a worker experiences sexual behavior, comments, or advances that are unwanted and ultimately leading to an intimidating, offensive, or hostile work environment. Harassment also includes sexual offers sought in exchange for workplace advantages.

California law strictly prohibits sexual harassment in the workplace, offering formidable protections for workers who have been affected by it. Employees and employers in California not only have a responsibility to ensure their behavior does not constitute harassment but also to hold others accountable for their behavior if it could potentially lead to a hostile work environment. Knowing the different types of harassment can help address the problem.

Different Types of Sexual Harassment in California

California law defines two major types of sexual harassment in addition to specific kinds of behaviors that could also qualify as sexual harassment. If you are facing the following circumstances at work or in another situation, it could constitute sexual harassment:

• Hostile work environment sexual harassment. This type of harassment is defined by instances where a worker experiences behaviors, comments, or conduct that is unwelcome and leads to a hostile work environment. Hostile work environment sexual harassment can include behaviors such as repeated romantic or sexual advances and persistent physical contact, including groping, touching, or hugging.
• Quid pro quo sexual harassment. Quid pro quo, otherwise understood as this for sexual harassment, happens when conditions or employment-related decisions are clearly linked to a worker either submitting to or rejecting sexual advances. Such forms of sexual harassment typically involve a person in power, such as a manager or supervisor, looking to leverage their position to gain sexual benefits.
• Physical harassment. Physical harassment examples include groping, touching, or advancing in a manner that is unwanted by the victim. Specific instances could involve inappropriate hugging or rubbing or even overtly groping or pinching.
• Verbal harassment. Verbal harassment constitutes remarks, comments, or jokes that are unwelcome and are of a sexual nature regarding a person’s personal life, sexual orientation, or body. Examples can include insults, derogatory statements, name-calling in an offensive manner, jokes, and repeated sexual innuendos.
• Visual harassment. Visual harassment involves the display of offensive, explicit, or inappropriate materials or images at work. Such materials can be, for example, suggestive drawings, videos, or cartoons that ultimately create an unsafe and hostile environment.

Sexual harassment can come in many different forms and may be either subtle or more obvious. If you suspect that sexual harassment may be occurring at your workplace or in another setting, it is critical to work with an experienced and compassionate employment lawyer who can help you carefully and responsibly navigate the situation.

What To Do if You’ve Experienced Workplace Sexual Harassment

If you have been sexually harassed at work, it’s critical to be aware of your rights and act to adequately protect yourself. Be sure to thoroughly document the harassment, including making a thorough record of all incidents that have occurred. Follow your workplace operations manual to address the harassment, which will likely begin by bringing the incident to the attention of your supervisor or human resources department.  Make sure your complaint is in writing.

If the sexual harassment continues to persist, or if the problem is not addressed, it is critical to consult with an experienced employment lawyer. Sexual harassment cases can be highly complex, making it extremely beneficial to work with a knowledgeable employment lawyer who can help you navigate the process. They can help you bring justice to the situation and pursue the compensation you may be entitled to.

FAQs

Does California Law Also Recognize Visual Harassment?

The state of California recognizes visual harassment as a form of harassment that is against the law. Visual harassment is defined by various behaviors, including derogatory or inappropriate drawings or images, gestures that are offensive, or a type of visual conduct that leads to a hostile or unsafe environment, particularly in workplace settings. If you believe you are facing visual sexual harassment in the workplace, it is critical to contact a skilled lawyer.

What Is Considered Harassment Under California Law?

Under California law, harassment is defined to be any conduct that is unwelcome and leads to an intimidating, offensive, or hostile environment. Harassment can include various forms, including visual, physical, and verbal behavior carried out against someone on the grounds of protected characteristics, including sexual orientation, race, gender, religious practices, disability status, and origin country. Harassment impairs an individual’s ability to work.

Is Verbal Harassment Illegal in California?

If verbal harassment leads to an abusive or hostile environment and is based on protected characteristics, including gender, sexual orientation, race, religious practices, or origin country, it is illegal in California. Examples of verbal harassment include threats, insults, and slurs, particularly if the behavior is repeated in a way that makes the victim feel unsafe and insecure in the environment.

How Many Texts Are Considered Harassment in California?

In California, there is not an exact number of text messages that can adequately apply for a case to be considered harassment. Instead, the judge or courts will look at the content of the messages, as well as the frequency at which they were sent and the sender’s intent. Frequently sending texts that are unwanted and abusive, threatening, or intended to scare the receiver is harassment.

California Workplace Sexual Harassment Lawyer

Being a target of sexual harassment at work or in a public place can be devastating and overwhelming. However, under California law, you have the right to fight back and receive compensation for your losses. A compassionate and experienced sexual harassment lawyer from Shirazi Law Firm, PC is here to work closely with you to understand your case details and leverage their knowledge and experience to develop a strong legal strategy. Contact us today.