Sexual Harassment at Work: California Employees’ Rights

California law provides strong protections for employees who have been sexually harassed at work. FEHA and related California Government Code Section 12900 also offer multiple legal avenues for justice if sexual harassment is not properly addressed by an employer. If you work in California, it is imperative to know about your legal protections and options, including sexual battery, assault or abuse based on your gender or sexual orientation.

What is Workplace Sexual Harassment?

Sexual harassment is a form of unlawful discrimination that includes unwanted sexual advances, requests for sexual favors, quid pro quo and other verbal or physical conduct of a sexual nature that creates a hostile work environment.

Under California law, sexual harassment typically falls into two categories:

1. Quid pro quo harassment: This type of sexual harassment occurs when a person in power (such as a supervisor) demands or suggests sexual favors in exchange for job benefits, like promotions, raises, or continued employment.
2. Hostile work environment: This type of sexual harassment includes unwelcome conduct based on sex or gender that is severe or pervasive enough to interfere with an employee’s ability to work or feel safe while at work. It doesn’t have to be explicitly sexual; gender-based bullying, crude jokes, vulgar language or offensive comments can also constitute sexual harassment.

Examples of Workplace Sexual Harassment

Sexual harassment can be blatant or subtle, including:

• Unwanted touching or physical contact
• Lewd comments, jokes, leering, vulgar language or gestures
• Repeated sexual advances or flirtation
• Displaying sexually explicit images or materials
• Sending inappropriate messages or emails
• Commenting on someone’s appearance in a sexual way
• Making threats or promises tied to sexual favors

Importantly, anyone in the workplace can be a victim or harasser, regardless of gender, job title, or seniority.

California’s Legal Protections for Workers

California offers some of the strongest protections in the nation against workplace sexual harassment. The Fair Employment and Housing Act (FEHA) makes it illegal for employers to tolerate or ignore harassment based on sex, gender identity, gender expression, or sexual orientation. FEHA applies to employers with 5 or more employees.

Additionally, California law:

• Protects both employees and independent contractors
• Prohibits retaliation and termination for reporting harassment
• Requires employers to take reasonable steps to prevent and correct harassment
• Mandates annual sexual harassment prevention training for certain employers

What to Do If You Experience Sexual Harassment

If you believe you're experiencing sexual harassment, it is important to act by:

1. Documenting everything: Keep notes of incidents, dates, locations, witnesses, and what was said or done.
2. Reporting it internally: Follow your company’s HR procedures. Reporting the harassment gives your employer a chance to investigate and correct it.
3. Consulting an employment attorney: An experienced attorney can help you understand your rights, gather evidence, and take the next legal steps.

You also have the right to file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).

Explore Legal Options with Our Attorneys

At VALIANT LAW, we help workers throughout California understand their rights and stand up to sexual harassment in the workplace. Throughout the years, we have helped countless California workers hold employers accountable for harassment, retaliation, and discrimination, as well as for failing to prevent such inappropriate and harmful actions that are carried out by other workers. If you’ve been mistreated at work, we are ready to fight for justice and your dignity.