Sexual Harassment. What are your rights in a hostile workplace?

A study conducted by the California Coalition Against Sexual Assault and the Center for Gender Equity and Health at the University of California San Diego School of Medicine reported that in 2019, 33% of women and 28% of men reported being sexually harassed at work. In California, the numbers are 5% higher for women and 10% higher for men. Although common, sexual harassment in the workplace is illegal. You can get justice with the help of a California employment lawyer.

California Laws on Sexual Harassment in the Workplace

In order to be considered sexually harassing conduct, it must be serious enough to create a hostile work environment. A person does not necessarily have to be the target. If someone witnesses acts of sexual harassment towards a co-worker, it can affect that person’s ability to do their job.

Examples of such conduct may include:

• Aggressive looks
• Explicit comments that are considered disrespectful and make a person feel insecure
• Intentionally touching or brushing against a person in a sexual manner
• Insisting on getting a phone number or a date even after being turned down
• Quid Pro Quo: When a person with a superior position (supervisor or manager) offers a promotion, salary increase, or other types of work benefits in exchange for sexual favors. If these favors are not provided, the employee may be threatened with demotion or dismissal.

What to do if the behavior persists?

If, after reporting a co-worker for their behavior, nothing changes, or if it is not possible to talk to them, the next step should be to report the harassment to Human Resources or a manager. It is important to be able to provide any evidence, such as emails, text messages, or a diary that records the bullying, as well as the names of any witnesses.

If the company fails to take corrective action or, worse yet, retaliates by terminating the employee, it is imperative to contact a California-based employee rights attorney. Unlike Title VII of the Civil Rights Act of 1964, which only covers employers with at least fifteen employees, California law applies to all private, state, and local employers, and it is possible to seek compensation even if the company a person works for is small.