Employee Law Group
SEXUAL HARASSMENT
SEXUAL HARASSMENT
Sexual harassment consists of unwanted sexual contact by a superior, supervisor, or co-worker. Both male and female employees can be victims of sexual harassment and a victim can be harassed by a member of the same sex (even if the neither the harasser nor the victim are homosexual). Sexual harassment generally consists of two types:
- Quid pro quo harassment: This occurs when employment is conditioned on the employee’s submission to unwelcome sexual advances (i.e. offering employment benefits in exchange for sexual favors). For example, an employee may be threatened with termination if he or she refuses a sexual advance.
- Unwelcome sexual conduct: This consists of conduct of a sexual nature that is severe or pervasive enough to create an abusive environment for the employee. For example, this may include visual conduct such as displaying sexual pictures, verbal conduct such as making sexual comments, and physical conduct such as inappropriate touching of someone.
California Law
Sexual harassment is a violation of California’s Fair Employment and Housing Act (FEHA). Under this law, harassment based on sex, gender, pregnancy, and childbirth or related medical conditions, is considered sexual harassment. Unwelcome sexual advances and verbal or physical conduct of a sexual nature is sexual harassment if the conduct affects the victim’s employment, unreasonably interferes with work performance, or creates an abusive, intimidating, hostile or offensive work environment. Examples of illegal sexual harassment may include any of the following:
- Offering employment benefits in exchange for sexual favors (or threats of termination, demotion, etc. for refusal)
- Unwanted sexual advances
- Visual conduct such as sexual gestures, leering or displaying pornographic pictures
- Verbal conduct such as derogatory comments, slurs and jokes
- Verbal abuse of a sexual nature
- Verbal comments about a person body
- Sexually degrading words used to describe a person
- Sexually suggestive or obscene letters, e-mails or notes
- Unwanted physical contact such as touching or impeding a person movements
- Harassment based on gender, such as mistreatment of a person because she is female
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