Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the conduct is made as a term or condition of an individual’s employment, or it occurs during the course of employment.
Sexual harassment could be quid pro quo meaning that the employer requires sexual favors as a condition of the employment, and failure to do so will result in termination. The other type of sexual harassment is a hostile work environment. A hostile work environment is created where coworkers or supervisors contribute to an environment of harassment.
Harassment by a supervisor
In California, the employer remains strictly liable for sexual harassment made by supervisors. A “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline. If the harasser is a supervisor or part of a management team, then the employer remains liable.
Harassment by a coworker
The employer is also liable for the sexual harassment by another employee, if the employer has knowledge or notice of the sexual harassment. If you were a victim of sexual harassment by a coworker or another employee, and you make your employer aware of the ongoing sexual harassment, then the employer has a duty to investigate and make sure that the harassment stops. If you reported the ongoing sexual harassment to your employer, and the employer retaliated against you, then you might have a case of sexual harassment against your employer. The retaliation in this context could happen when the employer reassigns you to a new position with a lower pay, the employer demotes you, or your work duties become much more burdensome. If you experience any retaliation because you reported any instances of sexual harassment to your employer, please call our team of attorneys at Employment Rights Law Group, APC.
The attorneys at Employment Rights Law Group, APC have handled multiple sexual harassment cases in the past and therefore have the knowledge to correctly assess your case.