What Qualifies as Sexual Harassment in the Workplace in California? 2024

In California, it is illegal to harass someone sexually at work. This can happen in many ways, such as making unwanted approaches or creating a hostile work environment. Those who suffer under these circumstances often ask, “What qualifies as sexual harassment in the workplace in California?” The answer can help you better recognize when your rights have been infringed upon, enabling you to stop this abuse.

California law protects workers from both ‘quid pro quo’ harassment and ‘hostile work environment’ harassment. ‘Quid pro quo’ harassment involves a job perk being granted in exchange for sexual favors. ‘Hostile work environment’ harassment refers to types of inappropriate behavior or comments that make the workplace generally scary or offensive.

Types of Sexual Harassment in the Workplace

Sexual harassment in California workplaces is often classified into two types: quid pro quo and hostile work environments. Quid pro quo harassment occurs when job rewards (such as promotions or pay increases) are tied to sexual favors.

A hostile work environment is created when repeated unwelcome advances, rude statements, or other offensive activities generate an intimidating or offensive environment to work in. Both types of harassment are prohibited by California law, which protects employees from experiencing such misconduct at work.

Steps to Take If You Experience Sexual Harassment

If you are sexually harassed at work, document the episodes, including dates, times, and any communications relevant to the harassment. You should then immediately contact an employment lawyer before reporting the problem to your employer, which is typically done through HR or a supervisor.

Legal Protections Against Sexual Harassment in California

There are strong laws that safeguard Californians against sexual harassment. California’s Fair Employment and Housing Act (FEHA) forbids sexual harassment based on sex, sexual orientation, and gender identity. The act also prevents an employer from fostering a hostile work environment.

An employee has the right to file a claim for emotional distress, lost wages, and punitive damages. Filing a claim with the California Civil Rights Department is a key step in holding employers accountable.

Retaliation for Reporting Sexual Harassment

It is unlawful for an employer to retaliate against an employee who reports sexual harassment at work. An employer’s retaliation against an affected employee could include:

• Termination
• Demotion
• Reduction of hours
• Adverse changes in assignments or titles
• Denial of benefits and privileges
• Changes in job duties

The Fair Employment and Housing Act (FEHA) protects California workers from this type of retaliation. These protections reassure employees that they can report harassment without fear of losing their jobs or facing other unlawful repercussions.

Employer Responsibilities in Preventing Sexual Harassment

All employers in California must take reasonable steps to prevent sexual harassment among employees and non-employees. This could include a regular training program, a well-publicized anti-harassment policy, and a reporting process where harassed employees are encouraged to speak up and are protected when they do.

A proactive approach to fostering a respectful and harassment-free environment is essential for employers. Employers must promptly investigate any instance of unlawful harassment and take corrective action where appropriate. Employers can face a legal claim and fines if they fail to prevent or adequately address harassment.

FAQs

What Evidence Is Needed to Prove a Case of Harassment?

In California, to establish a case of harassment, there must be proof that the behavior was severe or frequent and based on a legally protected trait, like race or gender. Records of the harassment, like emails, texts, notes, witness statements, and official complaints to HR or management, are all important pieces of proof. To back your claim, be sure to keep careful records of dates, times, and places.

What Should I Do If I Witness Sexual Harassment in the Workplace?

If you witness sexual harassment in the workplace, it’s important to document the incident and, if it is safe to do so, report it to your HR department or a supervisor. You can also help the victim by testifying in their case, assisting them in gathering evidence, and reassuring them of their right to report it.

Can I Report Sexual Harassment Anonymously in California?

In California, you can report sexual harassment to your HR department or through a whistleblower hotline without giving your name. An internal investigation should be held after receiving an anonymous complaint.

Experienced employment lawyers can also take legal action while hiding your name from the public.

How Long Do I Have to File a Sexual Harassment Claim in California?

If a worker or job applicant has been sexually harassed or retaliated against, they have three years from the last act of harassment or retaliation to file a discrimination report. This is called the “statute of limitations,” and you must act within this time limit to protect your rights. It’s important to act quickly because if you miss the deadline, you might not be able to make a claim.

Can My Employer Retaliate Against Me for Reporting Sexual Harassment?

No, it is unlawful for employers to retaliate against employees for reporting sexual harassment. Retaliation can include termination, demotion, pay cuts, or other adverse employment actions. When employees are retaliated against, they have rights under the law, and they can file claims for both the harassment and the retaliation.

Contact a California Employment Attorney

If you have been sexually harassed at work in California, you have a right to use the legal avenues available to you to defend yourself. At the Shirazi Law Firm, PC, our workplace harassment lawyer strives to assist employees against any illegal conduct, especially sexual harassment and discrimination.

We can thoroughly assess your claim and offer you legal advice, support, and representation to fight for the justice you deserve. You don’t have to wait another day to address sexual harassment at your workplace. Contact the Shirazi Law Firm, PC, today to book a consultation.