The past March 8th was the International Women’s Day, it’s important to recognize the legal protections in place to safeguard women’s rights—especially in the workplace. In California, the Fair Employment and Housing Act (FEHA) provides strong protections against workplace harassment, ensuring that employees can work in an environment free from discrimination and abuse.
Understanding Sexual Harassment in the Workplace
Sexual harassment is the most common form of workplace harassment and is classified as a type of sex discrimination. Under the law, sexual harassment includes:
- Unwelcome sexual advances
- Physical contact, including touching or brushing up against someone
- Being forced into confined spaces as a form of harassment or intimidation
- Sexual jokes, innuendos, or explicit verbal comments
- Sharing or sending explicit photographs, drawings, or materials
- Persistent unwanted romantic or sexual advances
Importantly, sexual harassment is not limited to actions based on sexual desire. It may also stem from gender identity, actual or perceived sexual orientation, or other forms of sex-based discrimination. Harassers, regardless of gender, are held to the same legal standards.
Types of Sexual Harassment
There are two primary categories of workplace sexual harassment:
- Quid Pro Quo Harassment – This occurs when a supervisor or person in authority conditions workplace benefits on an employee’s compliance with sexual demands. This could mean threats of demotion, job loss, or other negative workplace consequences for rejecting advances. Conversely, it could also involve promises of promotions, special assignments, or undeserved rewards in exchange for compliance.
- Hostile Work Environment – This form of harassment occurs when an employee is subjected to pervasive or severe sexual harassment that makes the workplace unbearable. A single offhand comment may not meet the legal threshold, but repeated inappropriate comments, persistent touching, or an ongoing pattern of harassment can create a hostile work environment.
What to Do if You Experience Workplace Sexual Harassment
If you are experiencing sexual harassment at work, there are important steps you can take to protect yourself and hold perpetrators accountable:
- Review Your Company’s Sexual Harassment Policy – Most employers have policies and procedures for reporting harassment. Familiarizing yourself with these guidelines is an essential first step.
- Document the Harassment – Keep detailed records of incidents, including dates, times, locations, and descriptions of what occurred. Maintain copies of any emails, texts, or other communications related to the harassment. A journal documenting these events in real-time can be invaluable.
- Report the Harassment in Writing – Send a written complaint to your employer, detailing the incidents and identifying the individuals involved. Email is recommended, as it provides a timestamped record of your complaint. Keep a copy of your report for your own records.
- Seek Legal Help – If your employer does not address the harassment or retaliates against you for reporting it, you may have legal recourse. You can file a complaint with the California Department of Civil Rights or consult an experienced attorney.
When Sexual Harassment Becomes Sexual Assault
If you experience physical sexual assault in the workplace:
- Call 911 if you are in immediate danger.
- File a report with law enforcement.
- Seek medical care as soon as possible.
- Reach out to trusted friends, family, or community resources for support.
- Contact an experienced attorney for consultation on how to proceed.
Experienced attorneys
Dordick Law has an outstanding track record of advocating for the victims of sexual harassment.
Advocating for a Workplace Free of Harassment
At Dordick Law Corporation, we are dedicated to protecting employees’ rights and holding perpetrators accountable. If you or someone you know has experienced workplace sexual harassment, we are here to help you navigate the legal process and fight for justice. We have offices in downtown Los Angeles, Beverly Hills, and Riverside. If you would like to book a free consultation with our team, you can do it by clicking here or call us toll-free (800) 555-5595.
