Sexual Harassment

Women are usually the victims of employment related sexual harassment but men can also be harassed. Often, the harasser is of the same gender and California law makes no distinction between heterosexual or homosexual harassment. Both types of harassment violate the law. Sexual harassment may be easy to identify in the most extreme situations involving unwanted touching or direct promises of benefits in exchange for sex; however, the majority of cases involve more indirect conduct. It takes an experienced lawyer, one familiar with the latest case law, codes, and regulations, to recognize what is and what is not a legitimate claim of sexual harassment.

For a valid claim of sexual harassment to exist in the workplace, California legal decisions recognize two distinct forms of harassment. The first, called quid pro quo, is the most familiar, yet the least likely to occur. Quid pro quo harassment occurs when one aspect of the employment relationship is conditioned upon submission to undesired sexual advances. Unwanted sexual propositions are a common example of this type of harassment.

The second form of sexual harassment involves what is commonly known as a "hostile work environment." This occurs when the harassment is so pervasive as to alter the employment conditions and create what is considered to be an abusive work environment. Sexual advances are not necessary under this theory, only that the hostile environment was created on account of the employee’s gender. Here, the employee must eventually prove that the harassing conduct was so severe, widespread, or persistent that a reasonable person in the employee's circumstances would have considered the work environment to be hostile or abusive. The employee must also subjectively consider the work environment to be hostile or abusive.

Some examples of sexual harassment include, but are not limited to the situations where the following becomes a severe or pervasive problem:

- Sexual propositions, asking for dates;

-Offensive physical contact such as hugging, kissing, or physical contact of a sexual nature;

-Lewd gestures, remarks, or sexual innuendoes;

-Sexually offensive literature such as magazines, porn, posters or photographs;

-Sexually oriented jokes or comments, even when not directed at the offended employee.

We also handle cases of harassment that are not sexually based. These types of harassment are equally as serious and need to be addressed accordingly. Also, retaliation by employers, such as wrongful termination, is illegal. Let us help you hold the guilty parties responsible.

At Rancaño & Rancaño all initial consultations are free, and all cases are handled on a contingency basis.

If you have a question about your legal rights, or wish to speak to an attorney about your situation, please call us today at 800-755-5557, or contact us online to discuss your legal rights. In California, sexual harassment is considered a form of discrimination.