More than five years ago, the #MeToo and Time’s Up movements brought global attention to the widespread issue of sexual harassment and assault while amplifying calls for women’s empowerment. Still, sexual harassment persists at work. In 2022 the Equal Employment Opportunities Commission (EEOC) received 11,090 charges claiming sexual harassment, and recent statistics suggest that approximately 35% of women and 15% of men experience sexual harassment in the workplace. In California, numbers are similarly high.
Everyone has the right to work in a safe and comfortable work environment; there is much work to be done in the fight to combat workplace sexual harassment. In order to limit sexual harassment in the workplace, it is important to understand what constitutes sexual harassment, what the legal protections against sexual harassment are, and what to do if you or someone you know is experiencing workplace harassment. To learn about how to proactively limit sexual harassment from occurring, review out blog Strategies To Prevent Sexual Harassment In The Workplace.
Identifying Sexual Harassment
State and Federal employment laws prohibit workplace sexual harassment. Legally, sexual harassment includes verbal or physical conduct that is sexual in nature and motivated by an employee’s sex, gender identity, or sexual orientation. Anyone, regardless of sex or gender, can be the victim of unwanted harassment, and anyone, regardless of sex or gender, can perpetrate sexual harassment.
Legally, there are two recognized forms of sexual harassment.
Hostile Work Environment: The law prohibits sexual harassment that is severe or pervasive enough so as to create a hostile workplace and, or interfere with an employee’s ability to work. Harassment is considered severe if it is egregious to the point that one occurrence of the harassing behavior makes the environment hostile. Harassment is considered pervasive if it occurs repeatedly, so as to create a hostile workplace environment. Harassing conduct may include unwanted sexual advances, sexual comments, lewd and offensive comments, sexual assault, physical conduct of a sexual nature, or innuendos.
Quid Pro Quo: The law prohibits requiring participation in any sexual behavior as a condition of employment. It is unlawful for an employer to require or suggest that an employee engage in any sexual behavior as part of their job. For example, a supervisor suggesting that you may receive employment benefits if you go on a date with them, or a manager telling you that they will hire you in exchange for a sexual favor, are both considered illegal quid pro quo harassment. One event of explicit or implied quid pro quo harassment is unlawful.
For employers and for employees, recognizing signs of sexual harassment early is key in preventing unwanted harassment. Sexual harassment often escalates over time. If you experience or witness sexually harassing behavior at work, even if it does not yet rise to meet the legal definition of severe or pervasive sexual harassment, it is not too early to intervene. It is up to all of us to work together to create safe workplace cultures free of unwanted sexual harassment.
Reporting Sexual Harassment
If you experience any type of sexual harassment at work, there are a number of things you can do to protect yourself.
Document your Claims: It is essential to document your experiences. It may seem difficult to document sexual harassment – how do you prove an off-color slur, unwelcome physical contact, and negative impacts on your wellbeing? The best way to document harassment is to maintain a detailed notebook. Keep track of where, when, who, and how harassment occurs. Keep track of the specifics and note how it made you feel. When you report the harassment to anyone, note that the conversation took place. Make sure to save copies of all emails, text messages, or notes from the harasser that are not privileged or include proprietary information, or about the harassment. If any of the harassment is visual (i.e. an offensive drawing left on your desk), take a photo. Maintaining documentation of the harassment is important should you ever have to prove your case to an investigator, an agency, or a judge.
Tell the Harasser to Stop: If you can, tell the harasser to stop. You can confront the harasser in person or in writing – however if you chose to go about the interaction, save some form of documentation about how, where, and when you told the harasser to stop, as well as whether there were any witnesses present. While this may be a very difficult confrontation, making it clear that you want the behavior to stop is important because it clearly informs the harasser that behavior is unwelcome conduct. Confronting the harasser may be most effective if the harassment hasn’t escalated beyond off-color jokes and inappropriate comments. If you feel uncomfortable or afraid confronting the harasser, inform a supervisor instead.
Complain to a Supervisor: If the harassment continues, report the harassment to your employer. Depending on your company’s structure and sexual harassment policies, you can report harassment to a supervisor, manager, or human resources. Document every complaint you make, and if the behavior does not stop, escalate your complaint within the company. If you are unable to escalate your complaint within the company for any reason, start by talking to a trusted coworker. Although reporting sexual harassment can be difficult, it is an important step to take if you want the behavior to stop, or if you want to hold the company accountable. When the harassment is perpetrated by a non-supervisory employee, you may not be able to bring any legal claims against your employer if you cannot demonstrate that you informed them of the unwanted sexual harassment.
Reach Out to a Law Firm: It may be helpful to reach out to an attorney long before you think you are ready to file a lawsuit. Employment attorneys can offer insight and advice as to how to document harassment, how to tell your harasser to stop, how to take appropriate action and go about the complaint process, and when and how to file complaints with appropriate government agencies and in court.
Navruz Avloni is an experienced employment attorney dedicated to holding accountable those employers that fail to provide a harassment-free workplace. If you are experiencing harassment in the workplace or looking for a sexual harassment lawyer, reach out to Avloni Law for a free consultation. We represent clients across California, with offices in Los Angeles, San Jose, and San Francisco.
