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Frequently Asked Questions: Sexual Harassment
Frequently Asked Questions: Personal Injury
Article: Sexual Harassment
Sexual harassment laws were originally developed for the purpose of ending mistreatment and discrimination against women in the workplace. Sadly, studies have shown that even… » More …
Sexual harassment is unwelcome sexual conduct that affects the victim's employment, unreasonably interferes with their work environment, or creates an intimidating, hostile, or offensive work environment. Sexual harassment includes requests for sexual favors and unwelcome sexual advances, and depending on the circumstances, it can also include derogatory or inappropriate comments, dirty jokes, and inappropriate or embarrassing pictures, posters or cartoons. Both men and women can be the harasser or the victim of sexual harassment - victims may be anyone affected by the offensive conduct, not just the person targeted by the harassment. Although sexual harassment is primarily discussed in terms of the workplace, it also commonly occurs in school environments (from preschool through college).
Sexual harassment is illegal under both federal law and California state law. Title VII of the Civil Rights Act of 1964, a federal law, strictly prohibits two kinds of sexual harassment - "quid pro quo" harassment and "hostile work environment" harassment. Title VII applies to companies with more than 15 employees. In California, sexual harassment is prohibited by the Fair Employment and Housing Act ("FEHA"), which applies to employers who employ more than one person.
The general term "sexual harassment" includes inappropriate sexual conduct, as well as gender harassment and discrimination, sexual orientation harassment and discrimination, same sex harassment and discrimination, pregnancy discrimination, retaliation for reporting harassment, and more.
There are two main types of sexual harassment - "quid pro quo" and "hostile work environment" harassment. "Quid pro quo" harassment takes place when a supervisor or someone else with authority over your job demands sexual favors or contact from you in exchange for promoting, hiring or retaining you. It may be "express" - when the supervisor says "If you have sex with me, I will make sure you get a raise" - or "implied" from the supervisor's unwelcomed physical conduct such as touching or fondling.
"Hostile work environment" harassment occurs when the inappropriate or conduct in your workplace (whether it comes from a supervisor or not) unreasonably interferes with your work environment or creates an offensive or intimidating work environment. This may include being the subject of sexually-charged jokes or pranks, being grabbed or whistled at, being propositioned, being subjected to pornographic pictures or profanity, and more. In order to create a hostile work environment, the conduct does have to occur more than once and it does have to be unwelcome.
In 2007, the EEOC received 12,510 charges of sexual harassment - 16% of those were filed by men (11% of claims were men complaining about sexual harassment by a female supervisor). That same year, the EEOC resolved 11,592 sexual harassment charges, recovering $49.9 million for the victims of harassment, not including compensation victims received through litigation. Surveys have revealed estimates that between 40% and 60% of women are sexually harassed in the workplace in the U.S.
In California, there are numerous legal options available to victims of sexual harassment in the workplace, including: filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), filing a claim under the U.S. Fair Employment Practices (FEP) statute, filing a claim with the California Department of Fair Employment and Housing (DFEH), mediation, filing a common law lawsuit directly against the responsible parties, and more. There are strict timelines that apply when filing any of these claims - it is important to take action as soon as possible to protect your rights. An experienced sexual harassment attorney can explain your options to you and help you determine the best legal option for your situation.
If you prove that you were the victim of unlawful sexual harassment, you are entitled to legal remedies that would put you in the same position you would have been in had the harassment never happened. Money damages might include compensation for lost wages or other job-related losses (such as loss of promotions or other favorable employment status and benefits you did not get because of the harassment), damages for pain and suffering, and/or attorneys' fees and costs. Other remedies might include a court order to stop the harassment, return you to your job, promote you, give you a raise, and/or order the employer to change its practices or policies. You may also be entitled to punitive damages against the company if the company authorized or ratified the conduct, or if it was undertaken by the managing agent, officer or director of the company. An experienced sexual harassment attorney can help ensure that you get the maximum remedies available for your situation.
If you feel that you are the subject of sexual harassment and/or that your work or school environment is offensive, intimidating or hostile, you should take the following protective steps:
1) Clearly inform the harasser that the conduct is unwelcome and must stop. This is necessary to ensure that the harasser does not mistakenly believe that you appreciate and welcome his or her conduct.
2) If the harassment continues, and if appropriate or available, use any complaint mechanism or grievance system your employer has in place. If you fail to complain to the employer about a co-worker's conduct, the employer may be able to escape liability by claiming he or she was unaware of the situation.
3) Record every fact you can in as much detail as possible - dates, times, places, potential witnesses, and any words used or actions taken by the harasser. These notes will be critical help for you if you have to later file a claim or lawsuit.
4) Contact the local EEOC (federal) or DFEH (California) office. It is always in your best interest to consult with an experienced attorney before contacting the EEOC or state agency, however, to ensure that you are fully aware of your rights and options.
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