California Law as set out in the Fair Employment and Housing Act prohibits sexual harassment. Sexual harassment can take two different forms:
- quid pro quo and
- hostile work environment harassment.
Quid pro quo sexual harassment occurs when a supervisor, manager, boss, or employer makes sexual acts or favors a condition of employment. This can happen when an employer fires an employee for rejecting sexual advances unless the employee agrees to have sex with the boss/supervisor. Or when an employer, supervisor or boss conditions a promotion or job on sexual favors.
Hostile work environment sexual harassment is illegal when the conduct in the workplace is so severe or pervasive that the work environment becomes hostile or abusive. Such types of behavior could potentially include unwanted obscene language, demeaning comments or slurs, physical touching, visual conduct such as porn on computers or smartphones, sexually explicit or implicit text messages, as well as sexual advances.
Both men and women can be subject to both types of sexual harassment. Sexual harassment can even happen by men-on-men or woman-on-woman without any sexual desire.
An employer is strictly liable for the sexual harassment conducted by its supervisors. However, if a co-worker is engaging in sexual harassment type conduct, the employer faces responsibility if it knew or should have known of the conduct and failed to take appropriate action.
If you believe you have been subject to sexual harassment at work, we are here to help you. Allow our attorneys to help you work through this awful situation today. Give the lawyers at The Aarons Law Firm a call to see if we can help to keep Justice On Your Side.