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Sexual Harassment
 Is Against The Law
Sexual harassment is by far the most
prevalent form of harassment individuals experience in the workplace.
Sexual harassment violates the law when it is so severe or constant that
it alters the conditions of the victim's employment and creates an
abusive working environment. Sexual harassment is illegal under both
federal and California law. Federal law applies to any company with more
than 15 employees when it comes to sexual harassment. In California,
sexual harassment is prohibited for employers of any size.Sexual harassment takes many forms. Being the butt of sexually-charged
jokes or pranks, being grabbed or whistled at, sexual advances, requests
for sexual favors or other verbal, visual, or physical conduct of a
sexual nature can qualify as sexual harassment. Conduct that makes the
workplace sexually charged does not need to be directly aimed at the
person being harassed in order for it to be actionable. For example,
being exposed to pornographic pictures can form the basis of a sexual
harassment claim.
 Quid
pro quo sexual harassment occurs when a supervisor demands sexual favors
from you in exchange for his assistance in promoting, hiring, or
retaining you (“Do this... or else!”). The demand for sexual favors can
be express, like “If you go to bed with me, I will make sure you keep
your job,” or it can be implied from unwelcome physical conduct such as
touching, grabbing or fondling. In “quid pro quo” cases, a single sexual
advance may constitute harassment if it involves the denial of an
employment benefit (such as a raise) in exchange for sex. |
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