While sexual harassment is commonly recognized in its direct forms, there exists a more covert, yet equally damaging form known as indirect sexual harassment. The impact of such indirect instances can be as harmful, emotionally and physically, to victims as overt actions.
By California’s legal standards, employees experiencing such incidents should promptly notify their employers, preferably through written communication, specifying the offensive behavior and urging corrective actions. If you have done so and have not gotten help, it might be time to take legal action. Contact PLBH at (800) 435-7542 for a legal consultation.
Defining Sexual Harassment and Its Indirect Variant
To fully grasp indirect sexual harassment, we first need to understand the broader definition. As per federal and state laws and the Equal Employment Opportunity Commission (EEOC), sexual harassment encapsulates unwanted sexual advancements or any verbal, visual, or physical conduct with sexual connotations. Indirect sexual harassment, on the other hand, pertains to situations where an individual is offended by the sexual misconduct aimed at another.
Unintended Exposure to Offensive Remarks
One might unsuspectingly hear sexually suggestive jokes or remarks, not meant for their ears. Yet, this unintentional exposure classifies as sexual harassment. Employers bear the responsibility to cultivate a work environment devoid of such transgressions.
Accidental Receipt of Inappropriate Communication
Sexual harassment could manifest through unintended receipt of emails or letters containing explicit content. Whether the material concerns workplace members or not, unintended exposure to such content can be discomforting.
Encountering Indecent Displays
At times, inappropriate sexual content might be displayed within the office space, either in the form of posters, images, or written content. Despite not being the target audience for such material, encountering them inadvertently still qualifies as harassment.
Experiencing Obscene Acts
Explicit gestures or sounds, irrespective of their intended recipient, can amount to sexual harassment. Witnessing or overhearing such actions within the workspace is legally inexcusable.
Involuntary Participation in Indecent Conversations
The work environment should be free from intimidating or offensive conversations. Accidentally overhearing colleagues discussing sexual topics or interests can cause discomfort, making it a form of harassment.
Overhearing Derogatory Remarks
Indirect harassment could stem from inadvertently overhearing derogatory comments or sexually charged statements about another employee. Such instances, despite the bystander not being the target, still count as harassment.
Witnessing Harassment of Peers
One of the profound forms of indirect harassment is the inadvertent witnessing of a colleague’s harassment. This can induce feelings of discomfort, fear, and apprehension about becoming a subsequent target.
External Sources of Harassment
California’s Fair Employment & Housing Act mandates employers to curtail harassment from third-party entities like customers or vendors. Experiencing harassment from these external sources should be reported, enabling the employer to address the issue.
Legal Landscape of Sexual Harassment in California
California’s stance on workplace sexual harassment is dictated by multiple legislative instruments, including Title VII of the Civil Rights Act of 1964, The Fair Employment and Housing Act (FEHA), and the California Constitution. Additionally, the Equal Employment Opportunity Commission (EEOC) outlines harassment, verbal or otherwise, as any unwarranted conduct based on factors such as race, gender, religion, age, and more.
For those affected by such incidents or seeking clarity on their experiences, PLBH is here to provide guidance and support. Reach us at (800) 435-7542 to understand your rights and possible recourse better.