Sexual harassment in the workplace doesn't always look like the obvious scenarios people picture. Sometimes it's blunt and unmistakable. Other times it builds slowly through comments, glances, and "jokes" until you're left wondering if you're overreacting, which might be what the perpetrator wants you to think.
California and federal law recognize two main categories of sexual harassment: quid pro quo, where a job or job benefit is tied to sexual conduct, and hostile work environment, where unwelcome behavior becomes frequent or severe enough to change the conditions of your job. Workers in California are protected against both, so it is important that you know how to look for signs of both categories.
A Promotion, Raise, or Assignment Tied to Sexual Favors
If a supervisor implies, directly or indirectly, that a raise, promotion, or desirable assignment depends on your willingness to engage in sexual conduct, that's quid pro quo harassment, one of the clearest violations of Title VII and California's Fair Employment and Housing Act (FEHA). This type of sexual harassment can be explicit, or far more subtle, like a manager who only advances employees they've pursued romantically. Either way, tying career advancement to sexual conduct is illegal, no matter how the offer is phrased or how casually it's delivered.
Demotion, Discipline, or Termination After You Say No
Quid pro quo harassment often reveals itself after the fact. You decline an advance, and suddenly your hours are cut, you're written up for performance issues that never existed before, or you're fired outright. This kind of retaliation is illegal under both federal and California law, and the timing alone, especially if it follows shortly after you refused an advance, can be evidence in a harassment claim.
Your Job Security Feels Tied to a Relationship with a Supervisor
Some employees sense that their continued employment quietly depends on maintaining a romantic or sexual relationship with a supervisor. Even without an explicit threat, if you feel your position is only secure because you haven't ended that relationship, or that ending it would cost you your job, this is a form of quid pro quo harassment, and the law protects you against it. This dynamic can be especially hard to recognize from the inside, which is why an outside perspective from an attorney can help.
Unwelcome Sexual Comments or Jokes That Don't Stop
A single tasteless joke may not rise to the level of harassment on its own, but a pattern of sexual comments, jokes, or propositions, especially after you've asked them to stop, can create a hostile work environment. Courts look at whether the conduct is severe or pervasive enough to alter your working conditions, and repetition despite your objection is one of the clearest signals that a line has been crossed.
Unwanted Touching or Invasion of Personal Space
Physical contact you didn't invite, ranging from unwanted touching to a coworker who repeatedly stands too close, hovers, or blocks your path, is one of the more overt signs of harassment and sexual harassment. You don't have to wait for repeated incidents to speak up. Even a single instance of unwanted touching can support a claim, depending on its severity; at the least, it can become the first remark in a history of reports.
Sexual Images, Messages, or Content in the Workplace
Explicit images displayed on a screen, sexual jokes forwarded over email or group chat, or repeated sexually charged messages sent to you directly can all contribute to a hostile work environment, even if no one ever touches you or asks for anything in return. This kind of exposure doesn't have to be aimed at you personally to count as sexual harassment, either. If it affects your ability to do your job comfortably, it's a violation of your rights as a worker.
Any Questions? Call Our Legal Team.
Whether what you're dealing with looks like quid pro quo harassment, a hostile work environment, or some combination of both, you should talk to a lawyer to see if you have the grounds to start a claim. Every sign on the above list is worth taking seriously, so don’t let a coworker or employer downplay what you’ve experienced. Come to Laurel Employment Law, where our Los Angeles employment law attorneys proudly stand up for the rights of workers who have been sexually harassed. We’ve been a top name in employee representation across California for years, and we’d like to get the chance to help you, too.
If any of this sounds familiar, don't wait to get answers. Contact us online or call (310) 929-6371 today for a confidential consultation.