Sexual harassment in the workplace is a serious violation of California labor law. The state provides strong protections for employees to ensure a safe, respectful, and equitable work environment. Understanding what constitutes sexual harassment can help you recognize unlawful conduct and take appropriate legal action if needed.

Definition of Sexual Harassment

Under California’s Fair Employment and Housing Act (FEHA), sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature when:

• Submission to the conduct is made a condition of employment
• Submission to or rejection of the conduct is used as a basis for employment decisions
• The conduct unreasonably interferes with an employee’s work performance
• The conduct creates an intimidating, hostile, or offensive work environment

Types of Sexual Harassment

There are two primary categories of workplace sexual harassment recognized under California law:

• Quid Pro Quo Harassment: When a supervisor or person in authority demands sexual favors in exchange for job benefits such as promotions, raises, or continued employment.
• Hostile Work Environment: When the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Examples of Sexual Harassment

Examples of conduct that may qualify as sexual harassment under California law include:

• Sexually suggestive comments or jokes
• Unwanted touching, groping, or physical contact
• Repeated sexual advances or propositions
• Sharing or displaying sexually explicit materials
• Derogatory remarks based on gender or sexual orientation
• Spreading rumors about a person’s sexual behavior
• Threatening or punishing an employee for rejecting sexual advances

Who Can Be Held Liable?

Harassment can come from a supervisor, coworker, client, or even a non-employee. Employers can be held strictly liable for harassment by supervisors. They can also be held responsible for failing to address harassment by other individuals if they knew or should have known about it and did not take appropriate corrective action.

Next Steps if You’re Experiencing Sexual Harassment

If you believe you’re being sexually harassed at work, consider taking the following steps:

• Document the harassment with dates, descriptions, and any witnesses
• Report the harassment to your HR department or supervisor, if safe to do so
• File a complaint with the California Civil Rights Department (CRD, formerly DFEH) or the Equal Employment Opportunity Commission (EEOC)
• Consult with an experienced employment attorney to explore your legal options

California Labor Law Employment Attorneys Group is committed to helping employees protect their rights. If you’ve experienced sexual harassment at work, contact us for a free consultation and learn how we can help you pursue justice and compensation.