According to an EEOC study done in 2016, approximately 75% of people experience some form of workplace harassment but fail to bring it up to a manager. Employees often do not report sexual harassment due to being in fear against retaliation, or the employee does not fully understand what qualifies as harassment.
Sexual harassment is possible in many different forms. Whether it be late-night texts, sexually charges comments, or subtle invitations that lead to dates, these are all forms of harassment.
What is sexual harassment in California?
There are two types of sexual harassment in California. Quid pro quo harassment occurs when an employer or superior requests for sexual favors or other sexual conduct in exchange for tangible job action. There also must be negative consequences for refusing a sexual favor. This means that the employer or superior must threaten negative consequences if the favor is not given, and the superior must follow through with the consequences. If they do not, this does not meet the quid pro quo harassment requirements, but this does lead to a hostile work environment. Some examples of quid pro quo sexual harassment include “Sleep with me and you’ll become manager” or “If you don’t send me nude photos you’ll be fired.”
The other type of sexual harassment comes in the form of a hostile work environment. Although hostile work environment cases are a bit harder to prove, Pride Legal’s network of attorneys is here to help you win your case. An employee may file a hostile work environment claim if:
- The employee is receiving unwanted sexual advances, comments, or conduct
- The harassment is severe and persuasive enough to alter the work environment.
- The harassment is somewhat based on the employee’s sex, and
- The harassment must also be more than just occasionally, barely, or isolated.
The claim will also depend on the severity and the pervasiveness of the conduct. The courts will use all evidence available as well as witnesses that have heard or seen misconduct. Employees may use sexual remarks that had been made by the employer as evidence.
When does quid pro quo harassment lead to a hostile work environment?
An employer or supervisor’s treatment towards one employee that is exchanging sexual favors for them can lead to a hostile work environment for other employees in the workplace. In cases like this, employees can state that they are working in a hostile work environment, as the supervisor favors a specific person.
What are some types of misconduct?
In most instances, sexual harassment won’t come in such an obvious form such as groping or unwanted kissing. They will usually come in much more discreet forms, such as:
- sending sexually charged messages or comments on their social media
- speaking about their sex life in front of other employees
- commenting on how attractive a coworker or employee is
- making sexual jokes or innuendos
- constant hugging
- placing a hand on the lower back
To qualify as a hostile work environment the conduct must be considered offensive to a reasonable person. For example, a man could comment on how he likes a coworker’s shoes and had held the elevator door open for that coworker. The coworker could truly believe that they had been harassed, but a reasonable person would state otherwise.
F.A.Qs:
Q: What is the statute of limitations for reporting sexual harassment?
A: The EEOC requires under federal law that the report must be within 180 days of the last incident of sexual harassment. The EEOC will respond with a letter, stating whether or not you have a sexual harassment case to file. If you receive this, you have 1 year to file the lawsuit.
Q: What kind of compensation can a person receive for being sexually harassed?
A: If you’ve been sexually harassed, you could win compensatory damages including mental anguish, back pay, front pay, pain and suffering, and loss of reputation. Additionally, you may also sue for attorneys and court fees.
Q: What can I do if I’ve signed a contract barring me from suing?
A: California passed a law in 2018 that does not allow employers to not be sued for sexually harassing or creating a hostile work environment, even if the employee had signed their rights away.
Contact Pride Legal
If you or a loved one has been sexually harassed or have a hostile work environment, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
