Many employees experience uncomfortable or inappropriate behavior at work but aren’t sure whether it qualifies as sexual harassment under the law. Because harassment can range from subtle comments to overt advances, understanding what counts is essential to protecting your rights. At PLBH, we help workers recognize the full spectrum of sexual harassment—and take action when their employer fails to stop it.
The Legal Definition of Sexual Harassment
Under both California law and federal law, sexual harassment occurs when unwanted conduct of a sexual nature creates a hostile or intimidating work environment, or when job benefits are conditioned on sexual attention.
California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 protect employees from two main types of harassment:
- Quid Pro Quo Harassment – “This for that.” A supervisor or manager demands sexual favors in exchange for promotions, job security, favorable schedules, or raises. Even one incident of quid pro quo harassment is illegal.
- Hostile Work Environment Harassment – When repeated or severe behavior interferes with your ability to work or makes the workplace intimidating, hostile, or offensive. This can come from anyone—supervisors, coworkers, or even clients.
Both forms of harassment are equally unlawful, and both deserve immediate action.
Examples of Sexual Harassment
Sexual harassment can be verbal, physical, visual, or digital. Common examples include:
- Unwanted comments or jokes about your body, clothing, or sex life.
- Sexual propositions or advances, whether in person or online.
- Inappropriate touching, hugs, or proximity that makes you uncomfortable.
- Displaying or sharing sexual images, memes, or videos at work.
- Leering or suggestive gestures that create discomfort.
- Repeated invitations for dates after being told no.
- Offensive messages or emails with sexual or romantic undertones.
- Retaliation or exclusion after rejecting someone’s advances.
Even a single incident can qualify as harassment if it’s severe enough—such as physical assault or explicit threats.
Common Misconceptions About Harassment
Many victims hesitate to report harassment because they’ve been told their experience “doesn’t count.” Here are some misconceptions we often address:
- Intent doesn’t matter. Harassment is judged by its impact, not the harasser’s “sense of humor.”
- Power isn’t required. Coworkers, subordinates, and clients can all be liable for harassment.
- Same-gender harassment counts. The law protects all employees, regardless of gender or sexual orientation.
- Remote harassment is still harassment. Inappropriate conduct over email, chat, or video meetings is covered.
If the behavior made you feel unsafe, disrespected, or unable to perform your job comfortably, it’s worth reporting.
The Employer’s Responsibility
Employers have a legal duty to prevent and correct sexual harassment in the workplace. Once they know—or should know—about harassment, they must act quickly to investigate and stop it. Failure to do so makes the company liable for the harm caused.
This means they must:
- Maintain a clear anti-harassment policy.
- Provide accessible reporting procedures.
- Investigate complaints promptly and impartially.
- Protect the victim from retaliation.
If your employer ignored or minimized your complaint, they may be just as accountable as the harasser.
How to Document and Report Harassment
If you’re unsure whether behavior crosses the line, start documenting it. Keep detailed notes including:
- Dates, times, and locations of incidents.
- Descriptions of what was said or done.
- Names of witnesses or anyone you told.
- Copies of emails, texts, or messages with inappropriate content.
Submit a complaint through your company’s HR department or directly to the California Civil Rights Department (CRD) or EEOC. If you experience retaliation—such as demotion or exclusion—document that as well.
Remedies for Sexual Harassment
Victims of workplace harassment may be entitled to:
- Compensation for emotional distress.
- Back pay or lost wages if retaliation led to termination.
- Punitive damages for egregious conduct.
- Reinstatement or job transfer.
- Attorney’s fees and legal costs.
At PLBH, we fight to ensure that every victim receives both justice and the safe working conditions they deserve.
You Deserve Respect at Work
You should never have to question whether you’re safe or respected at your job. Sexual harassment—whether overt or subtle—is never acceptable.
If you’ve experienced inappropriate behavior at work, contact PLBH today at (800) 435-7542 for a confidential consultation. Our team will listen, explain your rights, and help you take decisive legal action to protect your future.