What Legally Constitutes Sexual Harassment?
According to the State of California Department of Justice, sexual harassment is defined as, “a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. Briefly, sexual harassment refers to both unwelcome sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex.”
Sexual harassment may involve:
- Inappropriate comments
- Quid pro quo offers or asking for sexual favors
- Sexual assault
- Sexual comments
- Sexual innuendos
- Sexual jokes about one’s body
- Sexist remarks
- Showing pornography
- Unwanted touching, such as unwanted neck or shoulder massages
- Uncomfortable staring or glancing at one’s body
- Asking about one’s sexual orientation
- Asking someone out on dates repeatedly even after being rejected
- Spreading sexual rumors about an employee
Sexual harassment is a very sensitive issue that can affect your ability to work and make it difficult for you to speak up when you feel uncomfortable. There are many different ways that a person can commit acts of sexual harassment in the workplace. A Los Angeles attorney’s goal is to provide the highest level of representation to men and women in all types of cases involving sexual harassment.
What Are the Warning Signs of Sexual Harassment?
Even with the #MeToo movement in full force, sexual harassment still occurs, and victims may not be sure if what they are experiencing is considered sexual harassment. Whether the harasser is blatant about advances or tends to be evasive in their behaviors, here are the common ways a sexual harasser may try to intimidate you:
- Standing too close or being “touchy”
- Making inappropriate comments about a person’s body or clothing
- Asking about your personal life and sexual experiences as well as talking about their own
- Frequently asks you to meet alone outside of work or persistently asks for dates after you’ve repeatedly turned them down
- Exposes you to pornographic materials
- Tries to engage you in sexually charged conversations
If you are experiencing any of these types of sexual harassment, you should contact a Los Angeles lawyer.
What Are the Types of Sexual Harassment?
Sexual harassment comes in two forms — quid pro quo and hostile work environment. Here’s the difference between the two:
Quid Pro Quo
meaning “this for that,” quid pro quo harassment happens when a supervisor hints or blatantly asks for sexual favors in return for employee benefits such as raises, trips, bonuses, and promotions.
Hostile Work Environment
Any employee that feels uncomfortable, intimidated, or threatened while trying to perform their job is working in a hostile work environment. A hostile work environment does not have to be caused by a supervisor. Co-workers, clients, or other business-related associates may also create an uncomfortable work atmosphere.
Bringing Forward a Sexual Harassment Claim
If you were subject to frequent and unwanted sexual advances or remarks that created a hostile work environment, you may be able to file a lawsuit against your employer. You’ll also have to submit your claim to the appropriate government agency.
Filing a Complaint with Your Employer
If a co-worker, supervisor, agent of the company, or any other individual has sexually harassed you at work, record the dates of the incidents and file a complaint with your employer. Documenting the details of the harassment can help with the investigation when you file charges.
Filing a Charge with the Appropriate Agency
Before you can pursue a lawsuit against your employer, you must file a Charge of Discrimination with either the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Deciding which agency to file a charge with depends on the laws governing your case.
In some instances, if you submit with one agency, your charge will automatically be sent to the other. Our Los Angeles sexual harassment attorneys can help you understand what laws pertain to your situation and which agency to submit a charge to.
Receiving a Right to Sue Notice
After receiving your charge, the agency will conduct an investigation and review all relevant information about your situation. When the investigation is complete, the agency will send you a right to sue notice.
You can request the notice before the agency finishes its investigation. The EEOC will send it to you only if it believes it cannot close your case within the allotted timeframe. The DFEH will send it once your request is received. If you try to move forward with a lawsuit before receiving the notice, your case will not be heard. Once you have your right to sue notice, you can file a claim against your employer.
How to Document Instances of Sexual Harassment
As part of your preparation for reporting, it is important to document the incidences of harassment and keep track of what takes place.
We recommend that you:
- Collect as much detailed information as possible about each incident, including screen captures of text messages, emails, photos, notes, or cards you receive.
- Photograph anything that is posted or public that you cannot collect as evidence if your case involves a hostile work environment (such as an offensive poster or wall graffiti). Include a date stamp or take note of when the objects were photographed.
- Keep a journal or list of incidents of harassment including the names of those involved, names of witnesses, what happened, and where it occurred. Note how the incident affected your mental and physical well-being and if it inhibited job performance.
- Make copies of performance reviews, evaluations, or other HR-related documents before making a complaint in case your employer seeks retaliation or tries to alter them.
In summary, here is a breakdown of how to file a sexual harassment claim:
- Record the dates and details of the harassment
- File a complaint with your employer
- File a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH)
When Are Employers Liable for Sexual Harassment?
Whether your employer can legally be held accountable for sexual harassment depends on the harasser’s position in the company or workplace and the kind of harassment you experienced.
If the following instances apply to your sexual harassment claim, an attorney could discuss if an employer is liable:
- The employer: If your employer directly perpetrated sexual harassment, they are directly liable for their personal conduct.
- Immediate supervisors: The employer is strictly liable for sexual harassment perpetrated by immediate supervisors. If your supervisor or manager sexually harassed you and you informed your employer, they have a duty to stop it.
- Coworkers and/or customers: If your harasser is or was your coworker, customer, or not someone you report(ed) to, the employer is unlikely to be held liable since these individuals are not a proxy for the employer and have no direct authority over you.
- Quid pro quo harassment: This is strictly unlawful, even if it only happens once. This type of harassment involves an employer or supervisor offering a kickback, perk, or another incentive in exchange for sexual activity, and a negative consequence, such as being fired, if the victim refuses. If there are fewer supervisors than employees, the supervisors are easier to train and monitor.
- Hostile work environment: If the employer is aware there was a hostile work environment that affected you, they may be held liable for their negligence if they failed to take action.
Is Sexual Harassment a Form of Discrimination?
According to the U.S. Equal Employment Opportunity Commission, sexual harassment is a form of discrimination. Every employee has the right to be protected from any type of harassment that creates a hostile work environment. A hostile work environment may be defined as:
- Discriminatory behaviors against age, gender, sexual orientation, disability, or race.
- Any reasonable person would find the work environment abusive or hostile.
- The behavior is a persistent problem.
- The employer knows about the problem and has failed to address the behavior.
- The victim’s ability to work has been negatively impacted.
A lawyer in Los Angeles could review your sexual harassment case and determine if it is discrimination.
Can You Tell the Difference Between Friendliness and Sexual Harassment?
We spend most of our waking hours at work, so naturally, we develop in-office friendships with our co-workers, supervisors, and sometimes clients, too. However, how can you tell when the boundaries of friendly behavior have been overstepped into sexual harassment? Know these warning signs:
- Unwanted compliments and comments.
- Incessant flirting – being repeatedly asked for dates even after turning them down.
- Inappropriate touching (i.e., physical contact with intimate body parts, touching hair, rubbing your arm or shoulders, grabbing or prolonged hugging).
What Happens if I’m Being Harassed After Work Hours?
On the surface, it may not seem likely that sexual harassment would follow you home after your workday, but with social media, emails, and text messaging being a normal part of everyday life, harassers can still contact their victims even after the workday ends. Whether you are being sexually harassed at work or after work hours, you have the right to be protected with the help of a Los Angeles lawyer.
It is important not to engage with the harasser and report every incident as you would if you were being harassed while working. Document everything, save emails and text messages, and take screenshots of comments on social media.
Is Sexual Harassment a Crime?
While being sexually harassed at work violates the Title VII of the Civil Rights Act of 1964, and is a form of discrimination, it will not be tried in the criminal justice system unless the harassment has led to sexual assault. However, you can still file a lawsuit against your harasser.
Being repeatedly harassed, even after taking up the incidents with your supervisor or human resources department, is not acceptable. When suing for sexual harassment, it is important to document every encounter as well as note any witnesses to the harassment. Be as specific as possible — for example, what comments and types of gestures were made, how often you reported the incident, who you reported the incident to, etc.
What to Do If You’re the Victim of Workplace Sexual Harassment
If you believe you are the victim of workplace sexual harassment, it is time to take action. The bottom line is that this form of harassment tends to follow a pattern, and it is likely to get worse over the course of time. Fortunately, there are several important steps you can take.
Look into the Workplace Policy at Your Place of Employment
A good place to start when it comes to sexual harassment in the workplace is doing some digging into the sexual harassment policy at your place of work if there is one. Use this information as your map forward. You should not, however, lose sight of the fact that you have the right to skilled legal counsel and that you are advised to retain a trusted workplace sexual harassment lawyer sooner rather than later.
Also, keep in mind that, if your employer has a sexual harassment policy in place, you need to follow the specific guidelines set forth. Failure to do so could limit your ability to pursue further legal recourse.
Sexual Harassment Prevention Training
In California, employers with at least five employees are required to provide all employees, including those who are supervisors and those who are not, with sexual harassment prevention training. This is based on generating respect in the workplace.
The basics explored in these training programs, which differ at the supervisory and nonsupervisory levels, focus on defining sexual harassment in the workplace and branch out from there. The training should address what qualifies as abusive conduct and should teach preventative strategies that help keep sexual harassment at bay in the first place and that help pave the way toward a more respectful work culture overall.
This training tool should specifically go over the company’s internal complaint process. This is intended to help minimize sexual harassment on the job and to help ensure that it does not take root when or if sexual harassment does arise. As an employee who believes you have a workplace sexual harassment claim, this is important information that should guide you on the path forward toward filing an effective complaint.
Your employer is required to provide you and everyone else at your workplace with this important training. Failure to do so or failure to provide adequate training could bolster your complaint and, in the process, could make the path forward toward a favorable resolution less challenging.
Your dedicated workplace sexual harassment lawyer will help to ensure that you have a strong claim and that it is filed appropriately. It is a good idea, however, to have a basic understanding of how this works.
If your sexual harassment claim is based on unlawful discrimination in a California workplace, it is a violation of your civil rights. As a result, you will file your complaint with the California Civil Rights Department (CRD). You can do this online, through the mail, or with a phone call.
If, however, your complaint involves a federal antidiscrimination law, you turn to the Federal Employment Opportunity Commission (EEOC). Your seasoned workplace sexual assault attorney will explain the difference and will spare no effort on your behalf.
If You Are the Victim of Sexual Assault in the Workplace
If you are the victim of sexual assault in the workplace, you are the victim of a crime, and you need to take the appropriate action. If you consider the situation life-threatening or believe it is an emergency, you should not hesitate to call 911. Otherwise, reporting the incident to the police is advised. It is also in your best interest to seek immediate medical attention in order to be examined and to receive any medical care that you need.
Additional options include each of the following:
- Call a crisis hotline
- Seek the confidential support of a community resource
- Turn to trusted family members and loved ones for the support you are looking for
Your situation will be unique to you, and you will need to make the right decisions for you, given the circumstances that apply and your related concerns. Your compassionate workplace sexual harassment attorney in Los Angeles will work closely with you from the start. Their goal is to ensure that you know your options and that you make the best choices for you in light of your specific case.
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