Quid pro quo harassment, meaning “something for something,” occurs when a person in authority offers workplace benefits like raises or promotions, or threatens adverse actions like termination, in exchange for sexual favors. This harassment can be explicit or implied.
Harassment
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Everyone is entitled to a workplace that is free from sexual harassment whether from a manager or a co-worker. California law also protects employees against harassment because of their gender identity or sexual orientation. California law prohibits sexual harassment not just in traditional employment but also in business, service, or professional relationships such as with doctors, attorneys, investors, landlords, teachers, and others.
Types of Unlawful Sexual Harassment and Sexual Assault
Sexual assault is the unwanted touching of an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse. Sexual assault is a crime. It is also unlawful for employers to allow this type of conduct in the workplace or at work-related events.
There are two main types of unlawful sexual harassment:
Quid Pro Quo Sexual Harassment – this means “something for something” and occurs when someone (typically a manager or supervisor) offers something of value (e.g. a raise or promotion), or threatens something (e.g. termination) in exchange for a demand of sexual favors. Quid pro quo sexual harassment can be implied; if a reasonable person would understand the conduct to be a demand or a threat, harassment is occurring.
Hostile Work Environment Sexual Harassment – this is when an employer subjects an employee to unwelcome sexual conduct that is severe enough to interfere with an employee’s work performance or create an intimidating work environment. Whether the sexual conduct is pervasive depends on the circumstances, including the nature of the conduct, its frequency, and the context in which it occurs. In California, a single incident may be sufficient to create a hostile work environment if it “unreasonably interferes” with the workplace or creates an “offensive working environment.” Also, harassment may occur when employees are not the direct target of harassment but witness harassment of other employees or favoritism toward an employee on the basis of sex.
Employers have a legal duty to investigate all claims of sexual harassment in the workplace, and to take immediate steps to end the harassment. A failure to investigate may expose employers to additional liability. In addition, it is illegal for employers to retaliate against employees who have complained about situations they reasonably believe to constitute sexual harassment.
Contact Experienced Harassment Counsel
The attorneys at Olivier & Schreiber have successfully represented survivors of sexual harassment and assault in employment, education and business relationships. We understand and appreciate the trauma that such conduct causes, and we work closely with our clients to formulate the right approach to redressing these wrongs. We have helped dozens of individuals navigate the legal process to vindicate their rights and have recovered millions of dollars for our clients.
If you believe you are the victim of sexual harassment or assault, or retaliation for complaining about such conduct, please contact us so that we may assist you.
FAQs About Harassment in California
Can a single incident of harassment create a hostile work environment in California?
Yes, California law recognizes that a single severe incident can create a hostile work environment if it “unreasonably interferes” with the workplace or creates an “offensive working environment.” While many cases involve patterns of conduct, California courts understand that particularly egregious single incidents can be sufficient to establish liability.
What are an employer's legal obligations when a harassment complaint is filed?
California law requires employers to take complaints seriously and act decisively to protect their employees from ongoing harm. They must conduct thorough, impartial investigations and implement appropriate corrective measures. Failure to investigate properly may create additional liability for employers.
Can I file a claim if I witness harassment but am not the direct target?
Yes, California law recognizes that employees can be harmed by witnessing harassment of others or observing workplace favoritism based on sexual conduct. California courts understand that harassment impacts the entire workplace culture and that witnesses to harassment can experience significant emotional distress and altered working conditions that warrant legal protection and remedies.
What legal recourse is available for survivors of sexual assault in the workplace?
Sexual assault can constitute both criminal conduct and civil employment law violations. Survivors may have multiple legal options, such as filing criminal reports, pursuing civil lawsuits, and seeking workplace remedies through employment law claims.
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