Sacramento Sexual Harassment Lawyer

What is Sexual Harassment in the Workplace?

Workplace sexual harassment refers to unwelcome and inappropriate behavior of a sexual nature that occurs in a professional setting. It creates a hostile or intimidating work environment for the victim and can have serious legal and psychological consequences. Sexual harassment can take various forms, but it generally involves unwanted advances, comments, or actions of a sexual nature.

Common examples of workplace sexual harassment include:

Verbal Harassment:

• Sexual comments, jokes, or innuendos.
• Offensive remarks about a person's appearance, clothing, or body.
• Requests for sexual favors in exchange for workplace benefits or job security.
• Repeatedly asking a coworker for dates despite their refusal.

Non-Verbal Harassment:

• Inappropriate staring or leering.
• Sending explicit or sexually suggestive emails, messages, or images.
• Displaying sexually explicit materials in the workplace.

Physical Harassment:

• Unwanted touching, such as hugging, patting, or brushing against someone's body.
• Blocking or cornering someone in a way that makes them uncomfortable.
• Sexual assault or attempts at sexual assault.

Hostile Work Environment:

• Creating an atmosphere of sexual intimidation, often through the use of sexually explicit language or behavior.
• Sharing explicit materials or making sexually offensive comments within earshot of others.

Retaliation:

• Taking adverse actions against a person who has reported sexual harassment, such as demotion, termination, or giving them undesirable work assignments.

Online Harassment:

• Cyberbullying or sending explicit messages through email, social media, or other digital platforms.
• Posting or sharing sexually explicit content without consent.

Quid Pro Quo Harassment:

• A person in a position of authority making sexual advances toward a subordinate and conditioning job benefits, promotions, or job security on compliance with those advances.

Sexual Orientation or Gender Identity Harassment:

• Harassment based on a person's sexual orientation or gender identity, which can include derogatory comments, slurs, or exclusion from workplace activities.

Workplace Sexual Harassment Protections in California

California has robust laws in place to protect employees from sexual harassment in the workplace. These laws are designed to create a safe and harassment-free environment for workers and to hold employers accountable for addressing and preventing sexual harassment. Some of the key California laws related to workplace sexual harassment include:

• California Fair Employment and Housing Act (FEHA): The FEHA prohibits discrimination, harassment, and retaliation in employment, including sexual harassment. It applies to employers with five or more employees, including public employers and employment agencies. The FEHA covers not only traditional sexual harassment but also harassment based on gender, gender identity, gender expression, and sexual orientation. It requires employers to take reasonable steps to prevent and correct harassment, including implementing anti-harassment policies and providing training to employees.
• Sexual Harassment Training Requirements: California law mandates that employers with five or more employees provide sexual harassment prevention training to all employees. Supervisors and managers must receive two hours of training, and non-supervisory employees must receive one hour of training every two years. This training must cover various aspects of sexual harassment prevention and reporting.
• Protections for Complaining Employees: Employees who report sexual harassment or participate in an investigation are protected from retaliation under California law. Employers are prohibited from taking adverse actions against employees for filing complaints, cooperating in investigations, or testifying in related proceedings.
• Statute of Limitations: In California, employees have one year from the date of the alleged harassment to file a complaint with the California Department of Fair Employment and Housing (DFEH). However, this deadline may be extended if the victim did not immediately recognize the harassment.
• Liability of Employers: Employers can be held liable for sexual harassment committed by their employees, agents, or supervisors, even if the employer was unaware of the harassment. Employers may also be held liable for failing to take prompt and appropriate corrective action once they are aware of the harassment.
• Mandatory Anti-Harassment Policies: California law requires employers to have written anti-harassment policies in place, which should include a clear procedure for reporting harassment, investigation, and remedies. Employers must distribute these policies to all employees and make them readily accessible.
• Expansion of Gender Identity and Gender Expression: California's laws explicitly protect individuals from harassment based on gender identity and gender expression. This protection extends to transgender employees and those who do not conform to traditional gender stereotypes.

If you are dealing with sexual harassment at work, don't suffer in silence. Contact us at Polaris Law Group today at (888) 796-4010. Our Sacramento sexual harassment lawyer will ensure that your rights are protected and justice is served.