Sexual Harassment in the Workplace: Know Your Rights
Category: Sexual Harassment | Published: February 1, 2024
Understanding Sexual Harassment
Sexual harassment in the workplace is illegal under both federal and California law. Both quid pro quo and hostile work environment harassment violate your rights.
Types of Sexual Harassment
Quid Pro Quo: When employment decisions are conditioned on sexual favors or conduct.
Hostile Work Environment: When unwelcome sexual conduct creates an intimidating or offensive workplace.
Examples
Sexual harassment includes:
- Unwanted sexual advances or propositions
- Sexual comments about appearance
- Sexual jokes or inappropriate conversations
- Display of pornographic materials
- Unwanted touching or physical contact
- Retaliation for rejecting advances
Who Can Be Liable?
Under California law, the harasser, employer, and even third parties may be held liable for sexual harassment.
Steps to Take
- Clearly communicate the behavior is unwelcome
- Document each incident with dates and details
- Report to HR following company procedures
- File with the California DFEH or EEOC
- Consult an employment attorney
Retaliation is Illegal
It's illegal for employers to retaliate against you for reporting sexual harassment or participating in investigations.
Time Limits
In California, you must file with DFEH within three years of the harassment. Act quickly to preserve evidence and protect your rights.
Our San Diego attorneys work on contingency. Contact Gold Coast Counsel for a free consultation.