CALIFORNIA SEXUAL HARASSMENT LAWS
Sexual harassment is a form of gender discrimination. There are two
theories under which an employee may recover for sexual harassment. The
first, “quid pro quo” harassment, occurs when any employee offers any
job benefit, or threatens any job detriment, in exchange for sexual
favors. In lay terms, this means that any time an employee promises,
either expressly or impliedly, that career advancement may be linked to
dating or sex, the law has been violated. However, unless the harasser
is a supervisory employee, the Company would not be liable unless it
knew of the harassment, or should have known. As a practical matter, you
may show that the Company knew or should have known of the harassment by
demonstrating that it was so pervasive, i.e., frequent, that the company
had to know. You may also establish the company’s knowledge by showing
that the harasser had committed similar offenses previously. Certainly,
if you or any other employee had previously complained to any
supervisor, the company would be held responsible.
The second type of sexual harassment is established when the workplace
is permeated with discriminatory intimidation, ridicule and insult that
is sufficiently severe or pervasive to alter the conditions of
employment and create a “hostile” or “abusive” work environment. Both
men and women may sue for sexual harassment. The harasser need not be of
a different gender than the victim and the victim need not prove that
the harasser was motivated by sexual attraction. This type of
harassment most commonly manifests itself in numerous sexual or sexist
comments, negative stereotypes about the victim’s gender, sexual jokes,
propositions, lewd remarks or insults directed at one sex but not the
other. If the comments are severe or frequent enough that the victim’s
belief that his/her work environment is “hostile or abusive” is both
objectively and subjectively reasonable, the law is violated. However,
unless the victim considered the comments or conduct “unwelcome” at the
time they occurred, there is no actionable claim for sexual harassment
regardless of the severity of the conduct.
DISCLAIMER: This website is intended to provide general information only. Nothing contained in this article, or on this website, is intended to
provide legal advise. By using this website you acknowledge and agree that
you have not formed an attorney-client relationship with Feldman &
Associates and will not not rely on any information contained on this
website without personally speaking with one of our attorneys. You further
understand and acknowledge that Feldman & Associates strongly encourages
anyone who believes they may have a claim to communicate directly with a
lawyer, whether from Feldman & Associates or any other firm.
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