It can be difficult to focus on your work when you can’t avoid rude comments, suggestive jokes, or intrusive questions from a coworker or boss. You might even think, “If they’re not directly asking for sexual favors, is this really harassment?” Sadly, a lot of employees deal with that confusion and the stress of worrying if speaking up will cost them their job.

In California, you have the right to a workplace free from all types of sexual harassment. However, you might be unsure if whatever you are experiencing really counts as sexual harassment.

If you’ve experienced or think that you are experiencing sexual harassment at work, we can help. Stop Unpaid Wages is a law firm that focuses on employment law and knows how to handle sexual harassment cases. You don’t have to face sexual harassment by yourself. Our skilled lawyers will support you throughout your case.

What Is Workplace Sexual Harassment?

Sexual harassment is a form of sex discrimination.

Discrimination happens when someone is treated unfairly because of characteristics like their sex, gender, or other projected attributes. This unfair treatment can show up in different ways, like being denied opportunities, dealing with harassment, or facing bias.

 Harassment falls under this category and includes unwanted actions that can intimidate, offend, or humiliate someone.

Sexual harassment at work can take many forms. Your harasser could be a coworker, a boss, or a client, and includes things like unwelcome touching, inappropriate jokes, or your boss or manager offering a promotion in return for sexual favors.

These acts don’t always have to be sexual. Harassment can also involve teasing, intimidating comments, or bullying someone because of their sex, gender identity (such as man, trans, woman), or their sexual orientation (like straight, queer, lesbian). Sometimes, it mixes sex with other issues, like ethnicity or race. For instance, a woman of color might face different types of harassment compared to a white woman, as she could be targeted due to both her race and sex.

Harassment can include different things, such as:

  • Asking for sexual dates or favors when they’re unwelcome
  • Mocking people based on their gender or sexual orientation
  • Telling crude or offensive jokes
  • Making rude comments about someone’s body or looks
  • Using slurs related to gender or sexual orientation
  • Harassment still counts even if it’s not directed at you. For example, if you’re trans and overhear colleagues making hurtful jokes about the trans community, that’s still harassment, even if they’re not talking to you
  • Sharing or sending sexual emails or messages
  • Touching someone inappropriately, like hugging or kissing, without consent
  • Spreading gossip about someone’s love life or sexual relationships
  • Sharing obscene pictures or videos
  • Staring or making sexual gestures

To label something as sexual harassment, the feelings of the person being harassed matter most. It doesn’t count if the harasser thinks their actions are harmless or welcome. If you find the behavior unwelcome or offensive, it’s harassment.

Even though you don’t instantly express discomfort, it can still be harassment. You could laugh at an offensive joke or accept someone’s hug since you’re surprised or worried about the other person’s reaction. When the harasser is in a position of power, you might fear that speaking up could affect your job. These reactions are normal and don’t lessen the seriousness of the harassment.

Types of Workplace Sexual Harassment

There are two main types of workplace sexual harassment:

Hostile Work Environment Sexual Harassment

Hostile work environment harassment happens when unwelcome sexual behavior is so frequent or severe that it makes the workplace feel intimidating.

The harassment can come from anyone, including coworkers or clients. For example, if a coworker keeps tagging a colleague in inappropriate memes or making suggestive comments on social media, even after the colleague asks them to stop, that creates a hostile environment.

Quid Pro Quo

Quid pro quo sexual harassment occurs when a manager or supervisor requests sexual favors in exchange for job benefits or promotions. If you felt pressured to engage in sexual contact because you were embarrassed to say no, worried about losing your job, or feared punishment at work, then that could be a form of harassment.

Laws Against Workplace Sexual Harassment

Workplace sexual harassment is unlawful under state and federal laws that prevent employment discrimination. Here’s a quick overview of the federal and state laws regarding discrimination.

Federal laws

Workplace sexual harassment counts as sex discrimination, and this makes it illegal everywhere in the U.S. These federal laws apply to employers who have fifteen or more workers. Title VII of the Civil Rights Act of 1964 makes it clear that employers cannot let anyone face sexual harassment at work, no matter their gender, sexual orientation, or sex.

Title VII holds employers responsible for ensuring a workplace free from sexual harassment and discrimination. It doesn’t make it illegal for individuals to harass others; rather, it makes it unlawful for firms or employers to ignore harassment or not take action when they learn it’s happening. This law doesn’t give you the constitutional right to sue someone personally unless that individual is the employer.

Also, under this law, it’s unlawful for anyone at your workplace to act in revenge against you for speaking out or reporting sexual harassment.

Retaliation at work can show up in multiple ways, like getting fired, being demoted, or having your pay or hours cut. You might also find yourself assigned to a different location, shift, or duties, or even being ordered to take unpaid time off. Sometimes, retaliation can be more subtle and build up over time, like being ignored by coworkers or not being called to meetings anymore.

If you complain about sexual harassment at the workplace, your employer must take you seriously and cannot retaliate. When your boss or your Human Resources Manager learns about the sexual harassment, they are legally required to act quickly to stop it, investigate the situation, and ensure it does not happen again. Their actions need to be effective and appropriate, meaning they should actually stop the harassment without putting you at risk for further retaliation.

When you reported sexual harassment to your HR, boss, or manager, and they didn’t improve the situation, you might want to think about suing.

California Laws

In California, there are additional laws that provide even more protections against sexual harassment. The Fair Employment and Housing Act covers all employers in California, regardless of whether they have fifteen or more workers. This law protects everyone, including interns, independent contractors, and volunteers, not only those referred to as employees.

Employers need to do more than just react to sexual harassment. They must take action to stop it from occurring. At a minimum, they should have a formal policy on harassment that explains how workers can report issues.

Additionally, employers with five or even more workers must give sexual harassment prevention training to their staff and leadership teams at a minimum of once every two years.

What Actions Are Not Considered Workplace Sexual Harassment?

Several factors come into play when courts or government agencies determine what qualifies as workplace sexual harassment. Proving harassment can be tricky if the incidents involve casual jokes or isolated events, unless they are threatening, severe, or offensive.

If a co-worker harasses you, and you don’t report it, it may complicate your case. A co-worker is anyone who isn’t a manager, owner, or supervisor at your job. Once you report the harassment, it becomes your employer’s job to address the issue and stop the harassment. If your employer fails to take action, it can be classified as workplace sexual harassment.

Steps to Take When You Are Facing Sexual Harassment At Work

Below are steps you can take when you face sexual harassment at the workplace:

  • Let the person harassing you know that you feel uncomfortable with their actions and ask them to stop
  • Report the harassment to your boss and ask for action to be taken. Talk to someone who can make decisions
  • If your workplace has a procedure for reporting sexual harassment, follow it. It’s best to document your complaint in writing
  • If you belong to a union, inform them about the discrimination and ask for their help in investigating and addressing the issue
  • If you can, have a trusted friend with you when you report it
  • Try to get proof that your complaint was received, including the date and time (like asking for a written confirmation from your employer)
  • Keep a copy of your complaint. Usually, your employer needs to be informed about the harassment and have a chance to address it before they can be held responsible under discrimination laws
  • Stay focused on your work responsibilities. It will be tough to prove you were fired or treated unfairly due to harassment if you have a record of missing work, being late, or not performing well.
  • Keep a detailed log of important times, dates, witnesses, and events related to your situation. Write these notes during breaks or after work to avoid any issues of doing personal business while on the job. Store your log and notes at home or in a safe place away from work.
  • Only make copies of documents if you have permission from your employer. Taking records without permission can lead to termination and might hurt your claim
  • Work with your employer during their investigation of your complaint. Take advantage of any measures they offer to prevent or correct the situation

Here are some tips for taking notes on what happened:

  • Stick to the facts like who was involved, what occurred, when it happened, and where it took place
  • Be precise and don’t make guesses or exaggerate
  • Write down how the harassment affected you physically and emotionally, such as changes in your appetite, sleep issues, feelings of depression, or fear, as well as how it impacted your job performance.
  • If you talk about your situation with supportive co-workers, do it away from work and not during company hours. Only share your experiences with people you trust completely
  • If you receive a written job evaluation, ask for a copy and save it. Positive evaluations can help you counter any claims from your employer about poor work performance
  • When you get a written disciplinary warning, read it thoroughly. Make sure you understand it before signing. If you have questions, don’t hesitate to ask
  • Request permission to have a witness present at any disciplinary meetings. If you disagree with the warning, write down your perspective and ask for it to be added to your employment file
  • Keep a copy of your statement for your records. You have the right to review your personnel file to ensure your statement is included
  • If you’re fired, you should receive a written explanation for the termination
  • When consulting with a lawyer, make the most of your time by organizing your information chronologically
  • Before hiring a lawyer, clarify how they will be paid and what their fees are. Be aware of any additional costs you might incur beyond the lawyer’s fee
  • You can also report the discrimination to the EEOC. If you plan to sue under federal civil rights law later, you must report the discrimination to the EEOC first

Employer Obligations

Your employer should:

  • Train all staff, including managers, on what workplace sexual harassment is and how they will handle reports.
  • Create policies and procedures to prevent workplace sexual harassment and ensure they are monitored and enforced.
  • It’s not enough to just have these rules; they need to be shared with everyone and actively enforced.
  • Set up clear reporting procedures so employees can easily report any incidents of harassment.
  • Investigate all reports of workplace sexual harassment thoroughly and quickly.
  • Your employer needs to take effective action to stop harassment and ensure it doesn’t happen again

Who Can Be Held Responsible for Workplace Sexual Harassment?

The following are individuals who can be held liable for sexual harassment at the workplace:

  • An employer might be held responsible if they took part in the harassment and are an owner, partner, manager, supervisor, or corporate officer with authority over you.
  • An employer could also be liable if they knew or should have known about the harassment and didn’t act quickly and effectively to address it.
  • State law allows individual supervisors or managers to be held responsible if their actions are directly discriminatory, like only promoting men when qualified women are available.
  • A workers’ union or its representatives
  • Religious organizations may face liability, although they have some protections based on religious freedom.
  • Employment agencies

How Much Time Do I Have To File a Complaint Or Sue?

It really depends on whether you’re following federal or state law.

For federal law, you need to file a complaint with the EEOC (U.S. Equal Employment Opportunity Commission) within 300 days of experiencing discrimination. Usually, the deadline is 180 days, but California gives you extra time since sexual harassment is also against state law. The Equal Employment Opportunity Commission will look into your case and may help everyone settle so that you can avoid court. Most of the time, they’ll issue a “right-to-sue” notice, which allows you to file a private lawsuit.

In California, the timeframe for filing an employment discrimination complaint with the California Civil Rights Department (CRD) is generally 300 days from the date of the discriminatory act. That is because California has a work-sharing agreement with the EEOC, which extends the filing deadline to 300 days for complaints covered by both state and federal law.

If you believe you have a claim for workplace sexual harassment, you should consult a lawyer as soon as possible. Reach out to an attorney well before the deadline, as they need time to assess your claim and handle the paperwork. If you miss the filing deadline, you could lose your chance to sue.

Can My Employer Defend Themselves? 

Your employer can show that they had proper policies and procedures in place to stop workplace sexual harassment. They might argue that they were unaware of the harassment or that they couldn’t have known about it. They could also point out that they acted quickly and appropriately to prevent more harassment.

Additionally, they might claim that you didn’t take advantage of the preventive measures or support offered by them. However, if a supervisor or manager’s harassment led to negative consequences for you at work, they can’t use those defenses.

Your employer might also argue that there was a valid business reason for any unequal treatment you faced because of your gender. For instance, a women-only spa might only hire women for spa services. They could also challenge the quality of your evidence to prove that you experienced workplace sexual harassment.

Damages For a Sexual Harassment Case

When you file a lawsuit, you can demand various “remedies.” Some focus on financial compensation, while others aim to change how your employer behaves. Not everyone qualifies for all options, and each case varies. Here are some typical examples of what you might be able to request when you win the lawsuit or settle:

  • You can ask for reimbursement for lost earnings and other financial losses when the sexual harassment caused you to lose work. This compensation includes situations where you had to take time off, lost working hours, were let go, or haven’t found a job that pays as well as your previous one.
  • You can also seek reimbursement for any medical costs related to the harassment or retaliation, both now and in the foreseeable future
  • You might seek financial reimbursement for emotional suffering and pain, which can cover feelings like anxiety, sleep loss, reputation damage, and a decrease in your overall life enjoyment due to the harassment
  • If you were let go because of the retaliation or harassment, you could still get your work back
  • If you take your case to court and can prove that your employer was acting with malicious intentions or showed a blatant disregard for your constitutional rights, you might be awarded punitive damages. These are intended to punish particularly bad behavior and discourage other employers from acting similarly
  • You may also be able to require your employer to change their practices or policies. The court could order changes, or your employer might agree to adjust their operations to create a safer and fairer workplace for everyone, ensuring that others don’t experience sexual harassment

What Other Legal Claims Could I Consider for My Situation?

There are other legal claims that you can pursue against your employer:

Breach of Contract

You can file a claim against your employer for breaching a written contract. This contract might involve a union bargaining agreement or, in rare cases, an employee handbook.

Retaliation

If your employer disciplines or fires you for reporting workplace sexual harassment, you can also claim retaliation. To support your retaliation claim, you need to show that your complaint about sexual harassment was a significant reason for the unfair treatment you received at work.

Unfair treatment, known as “adverse employment actions,” can include:

  • Losing job responsibilities
  • Being excluded from meetings
  • Having favorable assignments or clients taken away
  • Facing longer commutes
  • Being moved to a less desirable office
  • Losing access to important work information
  • Experiencing hostility from co-workers
  • Being denied promotions or overtime
  • Receiving lower performance reviews
  • Facing frequent staff changes
  • Being given an undesirable schedule
  • Receiving unfair reprimands
  • Having pay reduced
  • Not being assigned meaningful work
  • Being fired
  • Being suspended

Discrimination

You might also be able to file claims for discrimination based on:

  • Race
  • Disability
  • National origin
  • Age
  • Religion
  • Your involvement in union activities
  • Pregnancy status

Negligent or Intentional Acts of Emotional Distress

In some cases, you can also claim negligent or intentional infliction of emotional distress.

Lastly, based on the specifics of your situation, you might have claims related to:

  • Assault and battery
  • Fair labor standards
  • Equal pay laws
  • Minimum wage laws
  • Family and medical leave laws
  • Whistleblower protections

Find A Workplace Sexual Harassment Attorney Near Me

Sexual harassment is a big issue in the workplace across the country. Even with laws in place to protect employees, it still happens every day. Everyone deserves to feel welcome and treated equally at work, despite their gender or sexual orientation. Unfortunately, many workers, both men and women, still face sexual harassment.

If you or someone you know is dealing with these issues, reach out for help. Stop Unpaid Wages can assist with cases of sexual harassment, retaliation, and wrongful termination. We’re dedicated to helping California workers with sexual harassment. Our lawyers will work hard to provide you with legal support. We’ll ensure your rights as a worker are protected. Call us today at 424-781-8411 so we can get started right away.