Were you Sexually Harassed at Work?

No employee should have to endure sexual harassment in the workplace. Whether it comes from a supervisor, coworker, or even a client, sexual harassment creates a hostile and intimidating environment.

At Winston Law Group, P.C., we are dedicated to protecting California workers from sexual harassment.

California labor laws recognize two forms of workplace sexual harassment. These include:

• Hostile Work Environment
• Quid-Pro-Quo

These two forms of harassment are covered in California Government Code § 12940(j). A brief overview of each form of sexual harassment is discussed below:

Hostile Work Environment Sexual Harassment

A hostile work environment is the most common form of sexual harassment. Under this concept, harassment may be verbal or physical, and is generally sexual in nature. To prove the existence of a hostile work environment, the employee must prove:

• That he or she was subjected to unwanted/unwelcome sexual comments, advances, or other conduct.
• That the harassment was significant enough to alter the workplace environment and the victim's employment. Most often, determining that the workplace environment was altered includes determining how often the harassment occurred, how severe it was, whether there was a threat of physical harm, and if the harassment interfered with the job.

Quid-Pro-Quo Sexual Harassment

Quid-pro-quo sexual harassment is a form of harassment by which an employer, supervisor, or manager requests sexual favors from a subordinate in exchange for something. Most often, the sexual favors are in exchange for getting hired, retaining a job, getting a promotion, receiving a favorable assignment, or receiving a positive performance review.

Sometimes the harassment is in reverse, where sexual favors are demanded in exchange for the employer NOT doing something, such as demoting or terminating the employee. Either form of quid-pro-quo sexual harassment is unlawful.