What Counts As Sexual Harassment at Work?

As an employee, you have certain rights and protections in the workplace that your employer and coworkers cannot lawfully violate. One of those is the right to a work environment free from sexual harassment.

Unfortunately, many workers tolerate or ignore unlawful behavior due to confusion surrounding these laws, fear of retaliation, and discomfort over power imbalances. Understanding what counts as sexual harassment at work can help you quickly identify behaviors that go against workplace laws and take prompt action to protect your rights.

Redondo Beach, CA, celebrates a diverse workforce, and certain industries, such as hospitality, healthcare, and retail, are particularly vulnerable to workplace sexual harassment. Learn what is considered sexual harassment and what to do if you experience this behavior at work.

Legal Definition of Sexual Harassment in California

California’s Fair Employment and Housing Act (FEHA) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, or any other verbal, visual, or physical harassment. Examples might include:

• Making unwanted physical contact
• Saying sexually explicit comments or inappropriate sexual jokes
• Making sexually suggestive gestures, such as blowing kisses or winking
• Coercing a worker into providing sexual favors in exchange for a promotion
• Staring or leering at a person in a sexually suggestive manner
• Gossiping or spreading sexual rumors about a person’s suspected sexual activity
• Making derogatory or insulting remarks based on a person’s gender identity

This definition has a federal basis under Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, religion, sex, and national origin. Sexual harassment does not need to pertain to sexual desire. It can also involve gender-based harassing behavior, such as making related comments about a person’s appearance.

Sexual harassment can come from supervisors, coworkers, customers, or vendors. Intent doesn’t always matter; impact does.

For example, a coworker might not have intentionally harassed you when they made sexual jokes or inappropriate comments. However, if their behavior made you feel uncomfortable and was of a sexual nature, they might have committed sexual harassment.

Two Main Types: Quid Pro Quo Harassment vs. Hostile Work Environment Claims

California law recognizes two main types of sexual harassment. Understanding what counts as sexual harassment at work requires you to distinguish between these types and know examples of behavior that fall under each.

Review the difference between quid pro quo vs. hostile work environment harassment.

Quid Pro Quo Harassment

Quid pro quo, meaning “this for that,” is a type of workplace sexual harassment often overlooked in favor of more common examples. This occurs when job benefits are tied to a worker’s acceptance of sexual favors.

Examples of quid pro quo harassment might include:

• A manager offering a raise to a worker in exchange for going on a date with them
• An owner threatening to terminate a worker’s employment if they refuse their sexual advances
• A manager withholding a promotion from a worker who rejected their sexual requests

Quid pro quo is a serious form of sexual harassment that violates a worker’s rights. If you were the victim of this form of harassment in the workplace, speak with a sexual harassment attorney about your legal options.

Hostile Work Environment

Any unwelcome behavior that is severe or persistent enough to create a toxic work environment may also be considered sexual harassment. Under California law, no one should have to work in an offensive work environment where they feel uncomfortable or fear unwanted behavior.

Common scenarios that create a hostile work environment in California might include:

• Repeated sexual jokes, inappropriate texts, or sexual innuendos
• Unwanted staring, leering, touching, or comments
• Sharing sexually explicit materials in the workplace
• Abusing power to intimidate or humiliate someone
• Patting, hugging, kissing, or making any other unwanted physical contact

Not all instances of a hostile work environment involve sexual harassment. If you experience comments or jokes that are not of a sexual nature but still make you feel uncomfortable, speak with your HR department about how they can prevent this type of behavior.

Common Examples of Sexual Harassment in Redondo Beach Industries

Sexual harassment is more common in some types of industries than others. If you work in a vulnerable industry, understanding what counts as sexual harassment at work is important to protecting your rights. Below are a few common examples of sexual harassment in the workplace in different industries.

Hospitality Businesses (Hotels, Restaurants, Bars)

Hospitality businesses are often vulnerable to sexual harassment because of the presence of alcohol in these establishments and the relatively open nature of their social environments. Be aware of these examples of hospitality worker harassment:

• Guests or management pressuring waitstaff into dates or making inappropriate remarks
• Kitchen environments where sexually explicit language and sexual comments are normalized
• Managers failing to act on complaints due to a “boys’ club” culture

Healthcare (Nurses, Techs, Assistants)

Despite the propriety associated with healthcare, those working in this field are also at risk of experiencing sexual harassment from patients or their coworkers. These professionals must be in close proximity to patients and are often placed in vulnerable environments. The following are a few examples of nurse sexual harassment in California:

• Inappropriate touching masked as a medical necessity (such as a doctor offering to examine a nurse outside of the clinical environment)
• Patients or supervisors flirting or making personal comments to staff
• Gender-based harassment in male-dominated environments, such as male doctors talking down to female nurses or making comments about how nursing is “women’s work”

Retail and Customer Service

Those who work in retail and other customer service-oriented environments are often subject to behavior that can be considered sexual harassment from their coworkers, supervisors, and customers. For example:

• A customer making a sexual advance toward a worker, without the employer intervening
• Managers texting or calling employees inappropriately outside of business hours
• Workers seeking sexual favors from other workers in exchange for giving up their shifts

Office Settings

Sexual harassment can also occur in office settings. Examples might include:

• Forwarding inappropriate emails or “jokes” to team members
• A C-suite individual leveraging their power over admin/support staff to request sexual favors

What To Do If You Experience Sexual Harassment in the Workplace

Now that you know what counts as sexual harassment at work, you may realize that you or a coworker has been a victim of this type of behavior. Holding your employer accountable for this behavior can help prevent sexual harassment moving forward and may provide recourse for the harm you experienced.

Your first step should be to document the incident as much as possible. Take screenshots of all email and text communications and save them on at least two devices. Ask any witnesses of the event, such as coworkers or even customers, to write down their account of what happened.

Next, report the incident to HR or through any other formal company channels as soon as possible. Waiting too long to file a formal complaint could make it challenging to prove the unlawful actions.

Understand that you do not need to confront your harasser directly, and you should not do so. Instead, allow HR to handle communications for you.

Along with reporting the incident to HR, you may consider filing a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These entities might choose to investigate the incident further and provide you with the opportunity to take legal action.

Your employer is responsible for responding to your claim and taking the appropriate actions to mitigate the situation. You may also be eligible to seek compensation for damages resulting from the sexual harassment, such as emotional distress, attorney’s fees, lost wages, or other damages.

After you report sexual harassment, you may fear that your employer will take negative action against you as a punishment for calling out such behavior. However, this would be considered retaliation, which is unlawful.

An employer cannot take negative actions against you for upholding your rights in the workplace. If you were to be fired after reporting sexual harassment, this could also be considered retaliation.

How a Redondo Beach Employment Attorney Can Help

The idea of making a sexual harassment claim against your employer might feel daunting, but it is an important step in protecting your rights and preventing future instances of harassment in the workplace. An experienced Redondo Beach employment attorney can help you through this process.

An attorney can provide a legal consultation to assess the strength of your claim and whether you might have grounds for legal action. If they believe you have enough evidence for a formal complaint with the EEOC or Department of Fair Employment and Housing, they can guide you through the legal process.

Your sexual harassment attorney may advise you on seeking damages or negotiating settlements for your sexual harassment claim. They may also help you advocate against retaliation or wrongful termination if your employer attempts these unlawful actions.

Altogether, having a legal professional on your side can provide clarity and support as you take action against sexual harassment. Your attorney understands the state and federal laws that apply to your case and can use their vast legal knowledge to assist you.

Schedule a Legal Consultation

No one should need to tolerate sexual harassment in the workplace. Now that you know what counts as sexual harassment at work, you can take action to protect your rights and keep yourself and your coworkers safe.

If you believe you have experienced unlawful conduct at work, Kent | Pincin can help you understand your legal options. Our firm provides litigation support across California, offering a personalized approach tailored to each client’s situation. 

Request a free consultation by calling 310-376-0922.