Sexual Harassment
Common violations
Quid Pro Quo
OffENSIVE tOUCHING
oFFENSIVE cOMMENTS
uNEQUAL pAY
sTEERING
lACK OF pROMOTION
It is unlawful to harass an employee or prospective employee (applicant) because of that person’s sex. To do so constitutes Sexual Harassment.
Sexual Harassment falls under the larger umbrella of illegal discrimination. Sexual Harassment can take a variety of different forms including unwanted sexual advances, requests for sexual favors, sexually charged language or posters, sexual innuendos or jokes, or different standards for men and woman based on stereotypes.
Sexual harassment can be perpetrated against both men and women. Harassment based on an employee’s perceived gender, sexual preference, or sexual identity may also be the basis of a claim for sexual harassment.
Sexual harassment can come from a co-worker, colleague, subordinate, supervisor, or anyone else in the employee’s chain of command. Sexual harassment law even prohibits sexual harassment by a customer. Employers are required to ensure a work environment free of sexual harassment. This means employers must have sexual harassment policies in place and conduct sexual harassment training for supervisors and all staff members. It also includes timely and appropriate responses to complaints, conducting thorough investigations, and ameliorating (reducing) sexual harassment in the workplace even before it meets the legal standard of sexual harassment.
Sexual Harassment is generally broken in to 2 categories: Quid Pro Quo or Hostile Work Environment.
Quid Pro Quo
Quid Pro Quo translates to “This for That” and is used in the context of Sexual Harassment to indicate when employment is conditioned upon submission to unwelcome sexual advances. This could apply to a promotion promised in exchange for sexual favors or even an employee denied a promotion because of their refusal of the sexual advances of another.
Hostile Work Environment
Hostile Work Environment sexual harassment occurs when an employee’s work environment is made hostile, offensive, oppressive, intimidating, or abusive because of sex. Because of “sex” does not always mean “sexual desire”. Feelings of hostility or stereotyped beliefs towards a particular sex or gender, expressed in words or actions, can also be the basis of sexual harassment complaints. Offensive comments related to pregnancy, marital status, children, or other factors can also be related to sex and may be covered by a Hostile Work Environment claim. The law requires that the action(s) be severe or pervasive. In other words, extremely bad or have happened repeatedly. Recently the #MeToo movement has brought about some changes in the law that may consider even one single incident to meet the standard to demonstrate Hostile Work Environment. Much of what is determined to be sexual harassment is decided by the courts applying the law to the facts of individual cases as they make their way through the court system.
Under a claim for Hostile Work Environment Sexual Harassment, the employee must show the following:
Unwelcome behavior was because of sex
The harassment negatively impacted their ability to do their job or made work harder
Sexual harassment law can be complicated. Any employee who believes they may have a claim for sexual harassment should speak to a Labor & Employment Attorney to review their specific circumstances and discuss their rights. There are time limitations, so speaking with an attorney right away is strongly recommended.
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Laws protecting California Employees From
Sexual Harassment
There are several laws which protect California employees from sexual harassment and other discrimination. Here are a few:
Title VII of the Civil Rights Act of 1964
Fair Employment and Housing Act (FEHA)
California Labor Code
The United States Constitution
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How Can The Employment Justice Project Help?
There are several ways that the Employment Justice Project can help. Every case is different, and while EJP can make no guarantee of results in your specific situation, here are a few examples of the assistance EJP may be able to provide:
Listen
Counsel and Advise
Educate you on your rights and possible claims
Educate your employer on your rights and their responsibilities under the law
Request and review employee file and payroll records for evidence of violations
Interview witnesses
Advocate for reinstatement
Advocate for resolution of your claims
Negotiate recovery of lost wages and penalties
Negotiate terms of settlement or severance agreement
Negotiate a neutral reference
Litigate, if needed and appropriate
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