Introduction

Sexual harassment in the workplace is illegal under both California and federal law. Every employee has the right to work in an environment free from unwelcome sexual conduct. Understanding what constitutes harassment, your rights, and your options for reporting can help protect you and create safer workplaces for everyone.

1: Types of Sexual Harassment

California law recognizes two main types of sexual harassment: Quid Pro Quo ("This for That"): When submission to unwelcome sexual conduct is made a condition of employment benefits like hiring, promotion, or keeping your job. Hostile Work Environment: When unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment that interferes with your ability to do your job. This includes repeated offensive comments, inappropriate touching, displaying explicit materials, or persistent unwelcome advances.

2: Who Can Be Held Liable

Sexual harassment can occur between: Supervisors and employees; Co-workers; Customers, clients, or vendors and employees; Anyone in the workplace regardless of gender or sexual orientation. Employers are responsible for: Harassment by supervisors (strict liability); Harassment by co-workers or third parties if they knew or should have known about it and failed to take corrective action. Even if you don't report harassment, your employer can still be liable if the conduct was obvious or widespread.

3: What Constitutes Sexual Harassment

Sexual harassment includes but is not limited to: Unwelcome sexual advances or requests for sexual favors; Offensive comments about someone's sex, gender, or sexual orientation; Sharing sexually explicit jokes, images, or materials; Unwelcome touching, grabbing, or physical contact; Making comments about someone's body or appearance; Creating a sexually charged atmosphere through words or conduct. The conduct must be unwelcome. You don't need to explicitly say "no" for behavior to be considered unwelcome.

4: Employer Obligations

California employers must: Provide sexual harassment prevention training to all employees; Maintain written policies prohibiting sexual harassment; Establish complaint procedures for reporting harassment; Investigate complaints promptly and thoroughly; Take immediate corrective action when harassment is found; Post information about employees' rights and how to file complaints. Employers with 5 or more employees must provide training every two years, and supervisors must receive additional training.

5: Your Rights When Reporting

You have the right to: File a complaint with your employer without retaliation; Report harassment to the California Civil Rights Department (CRD); File a lawsuit in court (usually after obtaining a "right to sue" letter); Have your complaint investigated promptly and confidentially to the extent possible; Receive protection from retaliation for making a good faith complaint. Deadlines: You have 3 years to file with CRD and 1 year for federal complaints (EEOC). Don't wait to reach out to an attorney, evidence and witnesses may become unavailable over time.

6: Your Rights When Reporting

It's illegal for employers to retaliate against you for: Reporting sexual harassment; Participating in an investigation; Supporting a co-worker's complaint; Opposing discriminatory practices. Retaliation can include: Firing, demotion, or discipline; Reducing hours or changing work assignments; Hostile treatment from supervisors or co-workers; Any adverse action that might discourage reporting. Retaliation claims are often easier to prove than the underlying harassment and can result in significant damages.

5: What to Do if you Experience Sexual Harassment — Document Everything

Keep detailed records of incidents including dates, times, locations, witnesses, and what was said or done; Save any emails, texts, or other evidence; Report the behavior through your employer's complaint process if you feel safe doing so Consult with a qualified employment attorney who specializes in sexual harassment cases; Remember: You're not alone, and it's not your fault. The law is designed to protect you.

Conclusion

Sexual harassment has no place in California workplaces. The law provides strong protections and remedies, including compensation for damages, attorney's fees, and changes to workplace policies. If you're experiencing sexual harassment, don't suffer in silence. You have rights, and there are people and resources, like Mohseni Law Group, available to help you enforce them.