Sexual harassment in the workplace is a serious issue that violates both federal and state laws. It encompasses any unwelcome conduct of a sexual nature that creates a hostile or offensive work environment, or when it leads to adverse employment decisions. Workplace sexual harassment can manifest in various forms, and it is essential to recognize these examples to create a safe and respectful work environment.

Common examples of workplace sexual harassment include:

• Verbal Harassment: This involves unwelcome comments, jokes, or innuendos of a sexual nature. It may also include persistent requests for dates or explicit discussions about sexual activities.
• Physical Harassment: Unwanted physical contact, such as touching, hugging, or kissing, falls under this category. Any form of unwelcome physical advances, even if seemingly harmless, can be considered sexual harassment.
• Visual Harassment: Displaying sexually suggestive or explicit materials, such as posters, images, or emails, in the workplace can create a hostile environment for employees.
• Sexual Advances: Inappropriate propositions or advances, especially when linked to employment decisions like promotions or job security, constitute sexual harassment.
• Quid Pro Quo Harassment: This occurs when a supervisor or person in authority offers job benefits or threatens negative consequences in exchange for sexual favors or compliance with unwelcome advances.
• Hostile Work Environment: A hostile work environment is created when there is a pervasive pattern of sexually offensive behavior, comments, or materials that interfere with an employee's ability to work comfortably and effectively.
• Retaliation for Rejecting Advances: If an individual experiences adverse treatment or retaliation for rejecting sexual advances, it constitutes sexual harassment.
• Cyber Harassment: In the digital age, sexual harassment can also occur through online platforms, such as sending explicit messages or images, spreading rumors, or engaging in online stalking.
• Sexist or Derogatory Remarks: Making demeaning or sexist remarks about an individual's gender or engaging in gender-based name-calling can create a hostile work environment.
• Invasion of Personal Space: Continuously invading an individual's personal space or using one's position of power to make them uncomfortable can be a form of sexual harassment.

California Laws on Sexual Harassment

California has strong laws in place to protect employees from sexual harassment. These laws apply to employers of all sizes and cover not only traditional employees but also independent contractors, interns, and volunteers. Under the California Fair Employment and Housing Act (FEHA), it is illegal for employers to subject employees to sexual harassment or to retaliate against employees who report such misconduct.

Generally, the victim has one year from the date of the harassment to file a complaint with the California Department of Fair Employment and Housing (DFEH). However, in some cases, this time limit may be extended, depending on the circumstances.

Federal Sexual Harassment Laws

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, national origin, religion, and sex, which includes sexual harassment. Employers are held liable for sexual harassment perpetrated by their employees in the workplace, unless they can demonstrate that they took appropriate steps to prevent and promptly address such behavior. This includes having clear policies against harassment, providing training for employees, and responding effectively to complaints.

Employees who believe they have experienced sexual harassment in the workplace can file a complaint with the EEOC, which is the federal agency responsible for enforcing Title VII. The EEOC investigates the complaint and, if appropriate, may initiate legal action against the employer.

If the EEOC determines that sexual harassment occurred, potential remedies for the victim may include back pay, compensatory damages, punitive damages (in certain cases), and injunctive relief, such as requiring the employer to implement better policies and training.

How Can Polaris Law Group Help You?

If you have experienced sexual harassment in the workplace, don't suffer in silence. Let the experienced Oakland sexual harassment attorneys at Polaris Law Group help you seek justice and fair compensation. We are here to support you every step of the way.

Call (888) 796-4010 or contact us online today to discuss your case.