Sexual Harassment

In broad terms, sexual harassment is unwelcome sexual, physical, or verbal conduct in the workplace and is against federal and California law. There are two categories of sexual harassment:

Quid Pro Quo

This harassment occurs when employment is conditioned on the submission to unwelcome sexual advances. This condition can be express (i.e direct statements) or implied.

Hostile Environment

The more frequent type of sexual harassment, hostile environment harassment, generally occurs when the employee’s work environment is made hostile or abusive by sexual misconduct or discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) defines a hostile work environment as harassment that establishes a work environment a reasonable person would view as intimidating, hostile or offensive.

There are several federal laws that prohibit sexual harassment, including Title VII of the Civil Right Act of 1964.

In terms of California Law, the Fair Employment and Housing Act (FEHA) also makes workplace sexual harassment against the law in California. Sexual harassment protections extend to independent contractors.

There are certain administrative steps a sexual harassment victim must take before filing a lawsuit, which our employment attorneys can walk you through. When suing for injuries suffered as a result of the harassment, an employee can seek:

• Reinstatement, if you lost your job;
• Back pay (multiplied by three times) if you lost money or missed out on a raise;
• Lost fringe benefits;
• Damages for emotional distress;
• Your attorney’s fees and court costs.