At Elite Employment Law, we are dedicated to protecting employees from sexual harassment and ensuring every California worker has the right to a safe, harassment-free work environment.
Our experienced Irvine sexual harassment attorney understand the profound impact sexual harassment can have on victims. We are committed to holding perpetrators accountable and obtaining justice for our clients.
If you have experienced sexual harassment, our employment law attorney in Irvine, we want to help. Contact Elite Employment Law today to schedule a free, confidential consultation.
What is Sexual Harassment?
Sexual harassment is a form of discrimination based on sex that violates both federal and California state laws. It can occur regardless of gender and does not always require sexual desire or motivation.
Common Types of Sexual Harassment
Sexual harassment can manifest in various forms, including:
- Unwanted sexual advances or invitations
- Visual conduct (e.g., sexual gestures, displaying sexually provocative materials)
- Verbal conduct (e.g., lewd remarks, sexually explicit jokes, comments about a person’s body)
- Physical conduct (e.g., unwanted touching, impeding movement)
- Quid pro quo harassment (offering employment benefits in exchange for sexual favors)
- Making or threatening reprisals after a negative response to sexual advances
Sexual harassment doesn’t always involve explicit sexual behavior. It can also include gender-based harassment, such as derogatory comments about a person’s sex or gender identity.
The Two Main Categories of Sexual Harassment
- Quid Pro Quo Harassment. This type of harassment occurs when a person in a position of authority, such as a supervisor, makes employment decisions or opportunities contingent upon an employee’s submission to sexual advances. For example, a manager promising a promotion in exchange for sexual favors or threatening termination if the employee refuses to comply with sexual demands.
- Hostile Work Environment. This form of harassment creates an intimidating, hostile, or offensive work environment through severe or pervasive conduct of a sexual nature. It can be caused by colleagues, supervisors, or even non-employees such as clients or vendors. The behavior must be sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.
Legal Protections Against Sexual Harassment
Both federal and California state laws provide protections against workplace sexual harassment:
Federal Law: Title VII of the Civil Rights Act of 1964
This federal law prohibits sexual harassment in workplaces with 15 or more employees. It covers various forms of sex-based discrimination, including sexual harassment. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing this law and investigating complaints of workplace discrimination and harassment.
California Fair Employment and Housing Act (FEHA)
FEHA offers broader protections than federal law and applies to all employers in California, regardless of size. Under FEHA, sexual harassment is prohibited in any work-related setting, including off-site work events and even outside work hours if the conduct affects the work environment. The Department of Fair Employment and Housing (DFEH) enforces FEHA and handles complaints at the state level.
Recognizing Sexual Harassment in the Workplace
Sometimes sexual harassment is obvious and other times it may be subtle. Some types of workplace sexual harassment may include:
- You are asked to perform sexual favors to keep your job or receive benefits
- You are subjected to unwanted sexual jokes, comments, or offensive remarks
- You experience unwanted physical contact, leering, or inappropriate gestures
- You are exposed to unwanted sexual images or situations
- You experience harassment based on your gender, including pregnancy or childbirth
- You are consistently passed over for promotions or opportunities due to your gender
- You are subjected to different standards or treatment based on your gender
- You witness others being sexually harassed, creating an uncomfortable work environment for you
A single severe incident or a pattern of less severe incidents can constitute sexual harassment. The key is whether the behavior creates a hostile work environment or interferes with your ability to perform your job.
Steps to Take if You’re Being Sexually Harassed
If you believe you’re experiencing sexual harassment at work, consider taking the following steps:
- Keep a detailed record of incidents, including dates, times, locations, and any witnesses. If possible, write down exact quotes and descriptions of the harassing behavior.
- Follow your company’s procedure for reporting sexual harassment. If there isn’t one, report it to your supervisor or HR department. Make your complaint in writing and keep a copy for your records.
- Save any emails, texts, voicemails, or other communications related to the harassment. If there are any physical objects involved (like offensive images or gifts), preserve these as well.
- Familiarize yourself with your company’s sexual harassment policy and relevant laws. Understanding your rights can help you advocate for yourself more effectively.
- Confide in trusted colleagues, friends, or family members. Consider seeking counseling or therapy to help cope with the emotional impact of harassment.
- If you have asked the harasser to stop, continue to be firm and consistent in your objections to the behavior.
- Speak to an experienced sexual harassment lawyer who can guide you through your options and protect your rights.
Employer Responsibilities
You should know that California employers have an affirmative duty to prevent and promptly correct any sexually harassing conduct. They must:
- Maintain a written policy against sexual harassment
- Distribute this policy to all employees
- Provide sexual harassment prevention training
- Investigate complaints thoroughly and confidentially
- Take appropriate corrective action when harassment is found to have occurred
- Protect employees who report harassment from retaliation
Failure to meet these obligations can result in employer liability for sexual harassment, even if management was not aware of the specific incidents. Employers can be held responsible for harassment by supervisors, coworkers, and even non-employees (like clients or vendors) if the employer knew or should have known about the harassment and failed to take immediate and appropriate corrective action.
Protection Against Retaliation
It is illegal for an employer to retaliate against an employee for reporting sexual harassment or participating in a related investigation or lawsuit. Retaliation can take many forms, including:
- Termination or demotion
- Reduction in hours or pay
- Unfavorable transfers or schedule changes
- Increased scrutiny or negative performance reviews
- Creating a hostile work environment
- Blacklisting or interfering with future employment opportunities
If you experience retaliation after reporting sexual harassment, you may have additional legal claims against your employer. Document any actions that you believe are retaliatory and report them to your HR department or legal counsel.
Legal Remedies
Victims of sexual harassment may be entitled to various forms of compensation, including:
- Back pay and front pay for lost wages
- Compensation for emotional distress and mental anguish
- Reinstatement to your position (if terminated)
- Changes in company policies to prevent future harassment
- Attorney’s fees and legal costs
- Punitive damages in cases of egregious misconduct
The specific remedies available will depend on the circumstances of your case and the severity of the harassment.
There are time limits for filing sexual harassment claims. In California, you generally have three years from the date of the harassment to file a complaint with the Department of Fair Employment and Housing (DFEH). After receiving a right-to-sue notice from the DFEH, you have one year to file a lawsuit in civil court.
Contact Our Irvine Sexual Harassment Attorney Today
If you have experienced sexual harassment in the workplace, do not suffer in silence. Contact Elite Employment Law to schedule your free, confidential consultation.
Our dedicated attorney is committed to helping you seek justice, obtain fair compensation, and create a safer work environment for all employees.
Remember, you have the right to a harassment-free workplace. Let us help you assert that right and hold harassers and negligent employers accountable.