Sexual Harassment Law and Your Workplace Rights

Sexual harassment is never okay, and the law is on your side. In the United States, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, including sexual harassment.

Sexual harassment can take many forms, including unwanted touching, comments, or gestures. According to the article, this can be verbal, physical, or visual, and it can happen to anyone, regardless of their job or position.

If you're experiencing sexual harassment at work, you have the right to report it to your employer. In fact, most states require employers to have a clear policy and procedure for reporting and addressing harassment.

Expand your knowledge: Sexual Harrasment Policies

California Sexual Harassment Law is governed by the Fair Employment and Housing Act (FEHA), which defines sexual harassment as unwanted and sexually suggestive verbal or physical advances directed toward a person with whom the harasser has a professional relationship.

Under FEHA, employers are obligated to provide an environment that is safe and free of discrimination and harassment. If there are instances of either type of conduct, they must correct the conduct promptly.

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California law prohibits workplace sexual harassment and considers it a form of employee discrimination, just like federal law does. Unlike Title VII, California's sexual harassment laws apply to private, local and state employers of any size.

California defines employees not just as hourly or salaried workers, but also includes interns, job applicants, volunteers, and persons under contract, such as freelancers.

Sexual harassment can be committed by anyone, regardless of their gender or gender identity. The law provides equal protection to all employees from sexual harassment.

Here are the types of employees protected under California law:

The California FEHA or Fair Employment and Housing Act, Section 12940 declares it illegal to “harass an employee … because of sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.”

Sexual harassment can be the other way around or between employees of the same sex. The law provides equal protection to all employees from sexual harassment regardless of their gender or gender identity.

In California, any behavior or action of a sexual nature that creates a hostile, intimidating, and/or offensive work environment based on an employee’s sex is considered sexual harassment.

For another approach, see: Gender Lens Investing

Quid pro quo sexual harassment occurs when a supervisor or higher-ranking employee offers to improve your work situation in return for sexual favors. This can be a raise, promotion, or any other benefit, or even a threat of adverse action if you don't comply.

Examples of quid pro quo harassment include a manager threatening a bad performance review if you don't go on a date, or a supervisor offering a raise in exchange for sexual advances.

Hostile work environment sexual harassment is defined as severe and/or pervasive inappropriate behavior that leads to a hostile atmosphere for employees. This can include inappropriate jokes, comments, and slurs, as well as displaying or sharing sexually suggestive content.

Unwanted touching can also be considered hostile work environment harassment, such as repeated attempts to give someone a shoulder massage or accidental touching that is not accidental.

To determine whether conduct constitutes sexual harassment, the Commission will look at the record as a whole and the totality of the circumstances, such as the nature of the sexual advances and the context in which they occurred.

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Examples of hostile work environment harassment include:

As an employer, you have a crucial role in preventing and addressing sexual harassment in the workplace. Employers must have a written policy covering sexual harassment, as well as discrimination and retaliation prevention. This policy must be in writing and list the current classes of people protected by law.

The policy must also explain that the law forbids managers, supervisors, co-workers, and third parties from sexually harassing employees. Employers must outline the process for handling sexual harassment complaints, including responding in a timely manner, investigating thoroughly and fairly, and taking appropriate action.

Here are the key steps employers must take to address a sexual harassment complaint:

Employers must also provide employees with basic information regarding sexual harassment, such as a copy of Brochure 185 from the DFEH.

Your employer is required to have a written policy covering sexual harassment, discrimination, and retaliation prevention. This policy must be in writing and list the current classes of people protected by law.

Here are the specific characteristics that are considered protected classes:

The policy also needs to explain that the law forbids managers, supervisors, co-workers, and third parties from sexually harassing employees. Employers must outline the process for handling a sexual harassment complaint, including responding in a timely manner and protecting employees from retaliation.

If your employer fails to respond to your complaint, you can file a report with the DFEH or EEOC. You don't have to file a complaint with both, one will suffice.

The Maryland Department of Labor takes complaints of sexual harassment very seriously and will investigate them immediately.

To file a report, you can contact the DFEH or EEOC directly.

Note: The following steps are not explicitly mentioned in the article but can be inferred as a general process.

If you're unsure about which agency to contact, you can check the website of the DFEH or EEOC for more information.

In the case of the Maryland Department of Labor, complaints can be filed with the Office of Fair Practices (OFP).

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Reporting every incident of sexual harassment is crucial, as your employer may claim you never informed them if you don't document everything.

Keep all records of communication with your employer, including emails, letters, and in-person conversations. This will help you build a strong case if you decide to take further action.

Don't wait to file your claim if you've exhausted all official channels without success. Waiting can harm your case, and defense attorneys may question how serious your situation is.

Contact an attorney and file your claim immediately to avoid losing contact with any witnesses to the harassment.

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California has taken significant steps to address workplace sexual harassment in recent years. Several new laws were enacted on the heels of the #MeToo movement, including Governor Newsom's signing of multiple significant pieces of legislation in 2019.

AB 9, also known as the Stop Harassment and Reporting Extension (SHARE) law, extends a victim's right to file a complaint with the FEHA from one year to three years. This law also prohibits employers from requiring job applicants and employees to sign agreements waiving their right to arbitrate FEHA claims as a condition for employment.

Check this out: 5 Years

Arbitration waivers were disproportionately common as a condition for employment in the food service, hospitality, and retail sectors, where women are overwhelmingly represented. These sectors also rank among the highest in employee sexual harassment complaints.

SB 1343 expanded sexual harassment prevention training in California to employers with 5 or more employees, including non-supervisory personnel. This law was passed in 2018 and is a significant step towards creating a safer work environment.

Employers are considered strictly liable for sexual harassment by a supervisor or the employer themselves. This means that if a supervisor sexually harassed an employee, the employer is liable, even if they were unaware of the supervisor's harassment.

Here's a summary of the key changes brought about by these laws:

Contacting a lawyer who specializes in sexual harassment cases is essential, as these cases can be complex and involve federal and state laws.

Large corporations often have high-powered attorneys to handle their claims, so it's not a fair fight to take them on by yourself.

An experienced sexual harassment lawyer can help you file your claim and weigh your options, making them a valuable resource in your case.