Sexual Harassment
Sexual harassment in the workplace is prohibited under California and federal law.
It includes any unwelcome sexual advances, comments, or conduct that interferes with an employee’s ability to do their job or creates a hostile work environment. Employers are legally required to prevent and address this behavior.
Types of Sexual Harassment
There are two main forms of sexual harassment:
- Quid Pro Quo: When job benefits—such as promotions, raises, or continued employment—are conditioned on submission to sexual conduct. This typically involves a manager or person in authority.
- Hostile Work Environment: When unwelcome conduct of a sexual nature is so severe or pervasive that it creates an intimidating or offensive work environment.
Sexual harassment can involve physical behavior, verbal remarks, visual displays, or digital communication. It may be directed at any gender and does not require a sexual interest or romantic motive.
Case Results
Examples of Sexual Harassment
someone in power
from coworkers or supervisors
reporting misconduct
Even one serious incident—such as sexual assault—can qualify as harassment under California law.
Legal Protections
- California Fair Employment and Housing Act (FEHA): Protects employees from sexual harassment, regardless of employer size.
- Title VII of the Civil Rights Act of 1964: Federal law that prohibits sexual harassment for employers with 15 or more employees.
California law is broader than federal law and protects not only employees, but also interns, volunteers, and independent contractors.
Employer Responsibilities
Employers must take all reasonable steps to:
- Prevent harassment through training and policies
- Investigate complaints promptly and thoroughly
- Take corrective action to stop harassment and prevent recurrence
- Protect employees from retaliation for making complaints
Supervisors are considered agents of the employer. If they engage in harassment, the employer may be held strictly liable.
Filing a Complaint & Remedies for Victims
Employees must first file a complaint with:
- The California Civil Rights Department (CRD) within one year, or
- The Equal Employment Opportunity Commission (EEOC) within 300 days
After receiving a “right-to-sue” letter, the employee may proceed with a lawsuit.
If harassment is proven, the employee may recover: