What Are Signs of Sexual Harassment?

Sexual harassment comes in many forms, and those on the receiving end may not be aware they are even experiencing it. Unfortunately, this type of situation can lead to an employee not reporting the sexual harassment and righting the wrongs they’ve endured.

If you recognize any of the following signs, you may be the victim of sexual harassment in the workplace. Keep in mind, anybody can be guilty of sexual harassment, and you should know what your rights are to hold the person accountable.

Unwanted Flirtation

If your coworker, supervisor, or employer flirts with you, it can make you feel uncomfortable. The person on the other end may think that it is harmless to do, but if it becomes a problem, you may find yourself unable to do your job because of it.

Inappropriate Jokes

While you may not think much of it, people joke about different things in the workplace. When those jokes turn inappropriate and make you uncomfortable to be in an area, this can become sexual harassment. Even worse is if someone tells you the inappropriate joke.

Unnecessary Touching

When you work in close proximity with someone, you may be much closer than you want to be. If your coworker touches you in any way that makes you uncomfortable—either on your shoulder or in a sexual nature—you can take the necessary action against your coworker for the unwanted touching.

Sexual Advances

Some people in positions of power use this authority to try and coerce you into uncomfortable or sexual activities. For instance, your employer may promise you a promotion if you go out with them. Or they may threaten to fire you if you don’t accept their advances.

Invasive Personal Questions

Invasive personal questions that are sexual or intimate in nature are a clear form of sexual harassment. When these questions are unwelcome, persistent, or make you feel threatened, they contribute to an illegal, hostile work environment.

Digital Harassment

Digital sexual harassment is any unwanted sexual behavior that happens over the internet or through your cell phone. This conduct causes victims severe psychological distress. In addition to persistent sexual messaging, this factor also includes: 

• Sending unsolicited explicit images
• Cyberstalking
• Distributing deepfake or AI generated images
• Threats to share intimate photos (a.k.a. revenge porn)

Indicators of Sexual Harassment

Under California’s Fair Employment and Housing Act (FEHA), several behaviors are legally recognized as indicators of sexual harassment, including:

• Verbal: Unwelcome requests for dates, sexual comments about your appearance, sexually explicit jokes, slurs, and persistent graphic comments.
• Physical: Unwanted touching, massaging, “accidentally” brushing against you, blocking your movements, and sexual assault.
• Visual: Displaying sexually explicit posters and drawings or distributing emails or text messages of sexually inappropriate material.

Different Types of Sexual Harassment

In California, sexual harassment is categorized into two main forms: quid pro quo and hostile work environment. The first category is typically a “this for that” situation. This happens when someone with authority, like a manager or work supervisor, offers benefits in exchange for sexual favors, such as:

• Promotions
• Increased pay
• Employment benefits
• Reduce monthly rent
• Free parking

On the other hand, a hostile work environment occurs when an employee is subjected to pervasive or severe harassment that alters the conditions of employment. This unwanted behavior creates an abusive, intimidating, or offensive work environment, and it is illegal even if a co-worker or subordinate is the offender.

What Constitutes Evidence of Sexual Harassment?

The skilled attorneys at LNN need evidence that supports your valid sexual harassment claim. To hold the offender accountable and build a strong legal case, you should collect and preserve the following types of evidence:

• Electronic Communications: Text messages, emails, Slack chats, or social media messages containing sexually suggestive content.
• Witness Statements: Testimony of coworkers or clients who witnessed (or experienced) the harassment, overheard sexually inappropriate comments, or observed changes in your demeanor.
• Employment Records: Documentation of negative employment actions, such as a demotion, poor performance review, or a loss of hours, that occurred after rejecting unwanted behavior.
• Complaint Histories: Copies of all formal written complaints you submitted to Human Resources or management, including their responses.
• Original Accounts: Keeping a detailed personal journal that notes the date, time, location, and exact words or actions of each incident is also helpful.

What Should You Expect From a Sexual Harassment Lawsuit?

In a California sexual harassment lawsuit, you should expect a rigorous administrative and legal process. While it may be a challenging experience, it could result in financial compensation for your losses. A typical sexual harassment claim goes through these primary stages:

Pre-Lawsuit Phase

Before you file a sexual harassment lawsuit in court, you must first submit a complaint with the California Civil Rights Department (CRD). You have just three years from the date of the incident to complete this step. The CRD investigates your claim and may offer mediation. However, you have the right to request an immediate “Right-to-Sue” notice so you can proceed with your lawsuit right away.

The Lawsuit Process

Once your LNN attorney officially files your sexual harassment lawsuit, both sides enter the Discovery Phase. This time-consuming process involves an informational exchange. You and your employer are required to share evidence, witness statements (depositions), and produce relevant employment records, emails, or texts. Most sexual harassment cases settle out of court through mediation. However, if the parties are unable to negotiate, the case goes to trial.

Potential Compensation and Remedies

Once you and your LNN attorney win your sexual harassment lawsuit, you may be entitled to monetary compensation for past and future lost wages, bills for mental health counselling. The court may also order the defendant to pay non-economic damages for your emotional distress, humiliation, and damage to your professional reputation.

You may also be entitled to a non-monetary remedy. If so, the court may issue orders that require your property manager to reinstate your lease if you were wrongfully evicted or instruct your employer to change their internal policies or undergo anti-harassment training, for example.

Talk to Us About the Signs of Sexual Harassment You Experienced

Sexual harassment is illegal, and you have rights as an employee to protect yourself. If you experience sexual harassment in the workplace, our Los Angeles employment lawyers are ready to represent your best interests.

At LNN, we prioritize your rights so you can have confidence every step of the way. We’ll be your guides throughout the entire process and pursue the outcome you need.