Employment Law
Sexual Harassment in the California Workplace
Types of Sexual Harassment
California\'s Fair Employment and Housing Act (FEHA) and federal Title VII prohibit sexual harassment. There are two primary types.
Quid Pro Quo Harassment
Employment benefits (hiring, promotion, raises, job retention) are conditioned on submission to unwelcome sexual conduct. Example: "Sleep with me or you\'re fired." One incident can be enough to establish liability.
Hostile Work Environment
Conduct is "severe or pervasive" enough to alter working conditions and create an abusive environment. Factors include frequency, severity, whether it was physically threatening, and whether it interfered with work performance. Offhand comments or isolated incidents may not rise to this level, but a pattern can.
Employer Duties
Employers must take reasonable steps to prevent and correct harassment. This includes having a clear policy, training, and a complaint procedure. Retaliation against employees who report harassment is illegal.
What to Do If You Are Harassed
Document everything—dates, times, witnesses, what was said or done. Report to HR or management per company policy (this can protect your rights). Consider filing with the EEOC or California CRD. Consult an employment attorney to discuss your options.
Frequently Asked Questions
What is sexual harassment under California law?
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It can be "quid pro quo" (employment benefits conditioned on sexual favors) or "hostile work environment" (severe or pervasive conduct that creates an abusive workplace).
Is my employer liable for harassment by a coworker?
Yes, if the employer knew or should have known and failed to take prompt corrective action. For harassment by a supervisor, the employer is generally strictly liable for harassment that results in a tangible employment action. For hostile work environment by a supervisor, the employer has an affirmative defense if it took reasonable steps to prevent and correct harassment and the employee unreasonably failed to use internal complaint procedures.
How long do I have to file a sexual harassment claim?
Under FEHA, you generally have one year from the date of the last harassing conduct to file with the California Civil Rights Department (CRD). For EEOC, 300 days in California. Do not delay—consult an attorney promptly.
Need Legal Assistance?
Contact the Law Offices of Steven A. Alexander for a free consultation. Offices in Santa Ana and Fresno. Bilingual (English/Spanish).
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