Sexual Harassment - Brightwood Law Group, PC

Sexual Harassment in the Workplace

Introduction: Understanding and Combating Sexual Harassment

Sexual harassment is a serious form of workplace misconduct that can create an intimidating, offensive, and emotionally damaging environment for employees. It is a violation of your civil rights, and California law strictly prohibits it. At Brightwood Law Group, PC, we understand the profound impact sexual harassment can have on an individual’s well-being, career, and dignity. We are committed to empowering victims of sexual harassment by providing compassionate support and aggressive legal representation to hold harassers and employers accountable.

This page provides information about what constitutes sexual harassment, your rights, and the steps you can take if you are experiencing or have experienced this unlawful behavior.

What Constitutes Sexual Harassment in the Workplace?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment (often referred to as “quid pro quo” harassment).
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual.
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Specific examples of conduct that may constitute sexual harassment include, but are not limited to:

Unwanted physical touching, groping, or assault.
Making offensive comments about someone’s appearance, body, or sexual activities.
Sexual jokes, innuendos, or teasing.
Displaying sexually suggestive or explicit objects, pictures, cartoons, or posters.
Repeatedly asking someone for dates or sexual favors after being told no.
Making offensive sexual gestures or staring in a sexually suggestive manner.
Sharing or sending sexually explicit emails, texts, or images.
Retaliation for refusing sexual advances or for reporting sexual harassment.

Harassment can be perpetrated by a supervisor, manager, co-worker, or even a non-employee such as a client or customer. Both men and women can be victims of sexual harassment, and the harasser and victim can be of the same or different genders.

Understanding “Quid Pro Quo” vs. “Hostile Work Environment” Sexual Harassment

Sexual harassment generally falls into two categories:

Quid Pro Quo Harassment: This Latin phrase means “this for that.” Quid pro quo harassment occurs when a person in a position of authority (typically a supervisor or manager) demands sexual favors from an employee in exchange for an employment benefit (like a promotion, raise, or continued employment) or to avoid a negative employment action (like demotion or termination). Even a single instance of quid pro quo harassment can potentially be illegal.
Hostile Work Environment Harassment: This occurs when unwelcome sexual conduct is so severe or pervasive that it unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, abusive, or offensive working environment. The conduct does not need to result in a tangible employment action (like being fired or demoted) to be illegal. A hostile work environment can be created by the conduct of supervisors, co-workers, or even non-employees. (A hostile work environment can also be created by severe or pervasive harassment based on other protected characteristics such as race, religion, or age. Learn more about the broader concept of a Hostile Work Environment here).

Your Rights and Protections Under California Law

California’s Fair Employment and Housing Act (FEHA) provides extensive protections against sexual harassment in the workplace. Key rights include:

The Right to a Harassment-Free Workplace: Employers have an affirmative duty to take all reasonable steps to prevent harassment from occurring and to promptly correct harassing behavior if it does occur.
Protection Against Retaliation: It is illegal for an employer to retaliate against an employee for reporting sexual harassment, participating in a harassment investigation, or opposing harassing conduct.
Employer Liability: Employers can be held liable for sexual harassment committed by their supervisors or agents. They can also be liable for harassment by co-workers or non-employees if they knew or should have known about the harassment and failed to take immediate and appropriate corrective action.

Under California's Fair Employment and Housing Act (FEHA), the anti-harassment provisions apply to all employers with one or more employees, while the anti-discrimination provisions generally apply to employers with five or more employees.

Steps to Take If You Are Experiencing Sexual Harassment

Clearly Object (If Safe to Do So): If you feel safe and comfortable doing so, clearly tell the harasser that their conduct is unwelcome and that you want it to stop.
Document Every Incident: Keep a detailed, private written record of all harassing incidents, including dates, times, locations, what was said or done, who was involved (including witnesses), and your response. Save any offensive emails, texts, images, or notes.
Report the Harassment Internally: Follow your employer’s internal complaint procedure for reporting harassment. Report the conduct to your supervisor (if they are not the harasser), Human Resources, or another designated individual. Put your complaint in writing if possible.
Preserve Evidence: Keep copies of your complaint, any responses from your employer, and any other relevant documentation.
If you are being subjected to sexual harassment at work, consider taking the following steps:
Consult with Brightwood Law Group, PC: Sexual harassment claims can be complex. An attorney can explain your legal rights, advise you on how to proceed, help you navigate your employer’s internal processes, and represent you in filing a formal complaint with government agencies or in legal action.

Frequently Asked Questions about Sexual Harassment

What if the harassment wasn’t physical, just offensive comments or jokes?

Verbal or visual conduct of a sexual nature may constitute sexual harassment if it is unwelcome and creates a hostile work environment. Physical contact is not required.

What if I’m afraid I’ll lose my job or face other negative consequences if I report sexual harassment?

California law strictly prohibits retaliation against employees for reporting sexual harassment or participating in an investigation. If your employer retaliates, you may have an additional legal claim.

How long do I have to file a sexual harassment claim?

There are strict deadlines (statutes of limitations) for filing sexual harassment claims, typically requiring you to file a complaint with an agency like the California Department of Civil Rights (CRD) (formerly DFEH) within three years of the harassing conduct. It’s crucial to consult with an attorney as soon as possible.

What if the harasser is a customer, client, or vendor, not another employee?

Employers can still be held responsible for harassment by non-employees if they knew or should have known about the conduct and failed to take reasonable steps to stop it.

How Brightwood Law Group, PC Can Help Victims of Sexual Harassment

At Brightwood Law Group, PC, we are dedicated to fighting for the rights of employees who have endured sexual harassment. We provide compassionate and effective legal representation by:

Offering a Confidential Consultation: We provide a safe space for you to discuss your experiences and understand your legal options.
Explaining Your Rights: We will clearly explain your protections under California and federal law.
Investigating Your Claim: We can review your evidence and build a strong case on your behalf.
Advising on Reporting Procedures: We can guide you through the process of reporting harassment to your employer or to government agencies like the California Department of Civil Rights (CRD) (formerly DFEH).
Negotiating Settlements: We will work to achieve a fair settlement that compensates you for the harm you’ve suffered, which may include lost wages, emotional distress damages, and other remedies.
Litigating Your Case: If a settlement cannot be reached, we are experienced attorneys prepared to vigorously advocate for you in court.

Sexual harassment is a form of Discrimination and can lead to Wrongful Termination.

If you faced retaliation after reporting harassment, learn more about your Retaliation Rights.

You Deserve a Workplace Free From Sexual Harassment. We May Be Able to Help.

If you are experiencing or have experienced sexual harassment at work, you don’t have to endure it alone. Contact Brightwood Law Group, PC today for a confidential consultation. Our dedicated employment attorneys are here to listen, protect your rights, and help you seek justice. Call us at (310) 895-9075 or fill out our online contact form.