SEXUAL HARASSMENT

Sexual harassment consists of any unwanted conduct that is of a sexual nature. There are two basic categories of sexual harassment-quid pro quo and maintaining a hostile work environment.

Quid Pro Quo

The most obvious type of sexual harassment occurs when a supervisor or coworker informs the individual that he/she may enjoy or receive an employment benefit provided the person dates the superior or coworker or engages in a sexual act or favor.

Hostile Work Environment

More prevalent is the hostile working environment where the individual is subjected to continual harassment. This may consist of the following acts:

• Groping or grabbing
• Sexual jokes
• Intimidation
• Posting obscene or sexual images
• Sending offensive emails
• Taunting
• Making sexual requests
• Constant requests for dates
• Use of sexual slurs
• Ridicule
• Use of sexual language
• Constant whistling or leering

Any of these acts must be such that a reasonable person under similar circumstances would consider them as offensive or consider the workplace as a hostile environment. Also, sexual harassment can occur to men or between members of the same sex.

Pattern of Behavior

Infrequent or isolated incidents that are sexually offensive are not enough. The claimant must demonstrate that the incidents are common and occur often enough so that he/she finds it difficult to work.

Filing a Claim

Any person who finds the conduct offensive and the work environment hostile may file a claim, not only the intended victim. You need not prove that you were denied a promotion or were fired because you refused to comply with the aggressor’s demands. You also need not show that any employment opportunity was denied or that there was any loss of benefits or pay.

All employers must provide a safe working environment and one free from sexual harassment, which includes establishing policies and practices to educate and train employees and must take immediate and appropriate action to stop any harassment once informed.

Notice Requirements and Filing

A victim should contact his/her supervisor, human resources department, or a person designated to receive sexual harassment complaints. Under California law, if a supervisor is the harasser, the employer is strictly liable so that the victim needs only to prove his/her damages. If by a coworker, the employer is obligated to investigate the complaint once notified and to remedy the situation.

If there is no satisfactory resolution, the claimant may file a claim with the California Department of Fair Employment and Housing within one year of the harassment. If an investigation uncovers evidence of harassment, a formal accusation may be made and a hearing held or a lawsuit filed by the Department.

Remedies

Remedies may include up to $150,000 in fines and damages to the victim for emotional distress from the employer and harasser. If the victim was subject to an adverse employment act such as a demotion or was forced to quit as “constructive discharge,” he/she could be reinstated, promoted, or receive back pay and the employer required to implement changes in policy or practices.

If the commission dismisses the complaint, it will issue a right-to-sue letter and the claimant may bring a civil lawsuit against the employer and harasser.