Sexual Harassment

California’s Fair Employment and Housing Act (FEHA) provides that sexual harassment can occur in any aspect of employment, including hiring, firing, promotion, wages, and benefits. While workplace sexual includes over sexual statements, acts, and conduct, it can include unwelcome or sexually suggestive advances made physically, verbally, or in writing. This includes behaviors such as teasing, intimidation, offensive jokes or remarks, bullying, requests for sexual favors, inappropriate touching or gesturing, and other conduct of a sexual nature. Perpetrators can be male or female and include supervisors, co-workers, subordinates, or even clients and customers.

There are two forms of sexual harassment, “quid pro quo” and hostile work environment. Quid pro quo sexual harassment occurs when an employer makes sexual acts or favors a condition of employment or other workplace benefits. This type of harassment is illegal whether the employee accepts or rejects the demands. Hostile work environment harassment, on the other hand, involves behavior so severe and pervasive that it prevents an employee from performing their job effectively. To be considered illegal, this type of harassment must be more than just occasional, isolated, or trivial. As of January 1, 2020, California law requires all employers with 5 or more employees to provide sexual harassment training to both supervisory and non-supervisory staff.