What Constitutes Sexual Harassment in CA?
Sexual harassment in CA is a difficult situation that births more than 5,000 cases per year, according to the Equal Employment Opportunity Commission. If this happens to you, you have the right to contact a skilled in sexual harassment evaluation, for help with your case.
What Constitutes Sexual Harassment in CA?
Sexual harassment is any unwelcome sexual attention or conduct of a sexual nature. It includes any physical, verbal, or visual behavior that could reasonably be seen as intimidating, hostile, offensive, or harmful. Sexual harassment can occur anywhere — at school, work, online, and more.
Sensual Touching and Massages
Anyone can file a sexual harassment charge if another person sensually touches them. These actions include massaging, “accidentally” brushing up against that person, or outright groping the individual’s body. California sexual harassment law forbids such behavior from all.
Offensive Comments and Suggestions
Unfavorable comments and suggestions can constitute a sexual harassment case and cause someone to contact a sexual harassment lawyer in San Diego if that is their place of employment.
Whistling or howling when an attractive person walks by is one example of offensive conduct. Comments such as, “You look sexy” are also unacceptable. Grunts, moans, and gestures can be a cause of concern as well. Sexual harassment must be severe, or pervasive in the workplace (see below), although a single act may be deemed to be sexual harassment if severe enough.
Repetitive Requests for Dates
There is nothing inherently wrong with two people dating. It is also not unlawful for a person to ask another person for a date. However, a dating relationship must be agreed upon by both parties.
Sexual harassment occurs when one party continues to request dates with the other after the other person has declined. At that point, the requests become unwanted, and the offending person risks being reprimanded if the target files a harassment charge.
Quid Pro Quo
Quid pro quo is an ancient Latin term that suggests trading “something for something.” In the sexual harassment realm, it means to request or offer something in exchange for sexual favors or dating.
A hostile work environment sometimes results in sexual harassment in the workplace, like quid pro quo. For example, a boss is guilty of sexual harassment if they ask for a date or sexual favor in exchange for giving a worker a promotion or raising that person’s pay. The same is true if the boss fires the employee for not going on a date or performing sexual acts.
What You Can Do if You Are Sexually Harassed
If you think you have been sexually harassed, the first step you should take is to speak to the offender. It is possible that the offender did not realize what they were doing. The attempt at least once to talk to the person about the offending action to see if it ceases. The next step is to speak to your immediate supervisor and then to human resources.
A lawyer can also assist you in situations where your employer does not do anything to stop the harassment, or you experience a hostile work environment instead of problem resolution. A sexual harassment lawyer in San Diego can assist anyone who feels they have fallen victim to sexual harassment.
In California, the Civil Rights Division of California (formerly the FEHA), or on a federal level, The Equal Employment Opportunity Commission is another outside party that can assist you with sexual harassment claims.
The Law Office of John P Martin is a firm that handles sexual harassment cases. You may reach out to schedule a consultation to have a review the events leading up to your harassment. If your case is viable and we take your case, we will help you take the necessary steps to get the compensation or resolution you deserve.
