Under California law, the offensive conduct does not need to be motivated by sexual desire and can occur between members of the same sex. Although most sexual harassment cases involve sexual advances by a male supervisor to a female subordinate, unwelcome sexual advances by a female supervisor to a male employee may also constitute sexual harassment. In fact, sexual harassment can occur between individuals of the same sex.
- Sexual harassment in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act
- Sexual harassment refers to both unwelcome sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex
- Sexual harassment could take the form of either:
- (1) an economic “quid pro quo,” in which a job benefit is conditioned upon sexual favors, or
- (2) creating a “hostile environment”. An employee must establish she/he was subjected to unwanted sexual advances, the harassment complained of was based on sex, and the harassment was so sever or pervasive as to alter the conditions of the victim’s employment
Examples of sexual harassment include but are not limited to
- Physical contact
- Sexual jokes
- Leering
- Derogatory slurs and epithets
- Sexual gestures
- Offering employment benefits in exchange for sexual favors
- Retaliating against an employee after receiving a negative response to sexual advances
- Displaying sexually suggestive content and/or postersCalifornia sexual harassment laws not only applies to employees, but also job applicants, unpaid interns, volunteers, and people providing services pursuant to a contract.
Who is liable for sexual harassment claims?
The employer is strictly liable for a supervisor’s sexual harassment. It is immaterial whether the employer was aware or should have been aware of the sexual harassment or was negligent in preventing it.
- Who is a supervisor?
- Any person who using independent judgment has authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees;
- Has the ability to direct employees;
- Can effectively recommend such actions;
- Has the ability to resolve employee grievances; or
- The employer can also be liable for sexual harassment by a non-supervising colleague or even certain non-employees such as clients or independent contractors if the employer knew or should have know about the harassing conduct and failed to take immediate steps to correct the problem.
Who is a supervisor?
- Any person who using independent judgment has authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees. A supervisor also has the ability to direct employees, resolve employee grievances, and can effectively recommend such actions.
- The employer can also be liable for sexual harassment by a non-supervising colleague or even certain non-employees such as clients or independent contractors if the employer knew or should have know about the harassing conduct and failed to take immediate steps to correct the problem.
Call Duel Law Firm Today!
You do not have to tolerate this abusive and humiliating behavior. For questions about sexual harassment and to speak to our skilled staff, do not hesitate to contact us at Duel Law. You are not alone.
Duel Law has been successful at collecting millions of dollars on behalf of sexually harassed employees.
