Is Sexual Harassment a Form of Workplace Discrimination in California?

Sexual harassment is one of the most traumatic experiences you can face. When exploring your legal options, you may be wondering, “Is sexual harassment a form of workplace discrimination in California?” The simple answer is yes, though learning more about discrimination laws and your legal rights can help you determine next steps.

Understanding Why Sexual Harassment is a Form of Workplace Discrimination

When sexual harassment occurs at work, it is considered workplace discrimination because the harassment is based on sex, gender, or sexual orientation. Because these are protected characteristics under discrimination laws such as Title VII of the Civil Rights Act and California’s Fair Employment and Housing Act (FEHA), discrimination or harassment is illegal.

Women are disproportionately affected by workplace harassment, as women filed 78.2% of federal sexual harassment claims between 2018 and 2021. Meanwhile, 62% of all kinds of harassment claims in the workplace are made by women. In California, both men and women can file a claim against their employer for harassment.

The Two Types of Workplace Sexual Harassment

A discrimination case covers a variety of examples of harassment, which could include verbal comments, unwelcome physical contact, or sexual assault. The two main types of sexual harassment that can occur are quid pro quo and hostile work environment claims. In 2024, the California Civil Rights Department received 6,787 hostile environment claims and 2,730 quid pro quo claims.

A quid pro quo case is when a person in a higher position, such as a manager, coerces or demands sexual favors by incentivizing positive employment benefits, like a raise or a promotion. A quid pro quo case can also occur when the person with higher authority demands sexual favors from an employee to avoid adverse actions, such as firing, demotion, or a negative performance review.

A hostile work environment case is when sexual harassment creates a hostile or offensive environment. In a hostile work environment claim, the unwelcome conduct must be so severe or pervasive that it prevents you from comfortably or safely completing your work.

Why You Should Hire a Sexual Harassment Lawyer

Filing a claim against your employer can be emotionally challenging and legally complex. A Los Angeles sexual harassment lawyer can make this process easier by explaining the legal procedures, building a strong evidence-based claim, and advocating for you.

The legal procedures in a discrimination case can be overwhelming. A lawyer can identify which laws your employer violated, the proper government agency to file through, and the filing deadlines for your case. Their knowledge and guidance can prevent procedural errors that may inhibit your ability to file a claim, such as missing the statute of limitations.

When building a claim against your employer, a lawyer can gather and analyze various forms of evidence, including:

• Personal logs of the harassment
• Internal reports of harassment
• Witness statements
• Records of communication between you and the harasser
• Photos or videos of the offensive conduct or material

In negotiations or in court, a lawyer’s advocacy can strengthen your claim by accurately presenting evidence and negotiating for the recovery you deserve. Speaking up against your employer is not easy, but a lawyer can represent you and empower you during the claim.

Recovering Compensation in a Discrimination Case

By filing a sexual harassment claim, you can recover your damages. Some of the most common damages in a discrimination case include:

• Backpay and front pay. Compensation can cover lost wages and benefits. If the harassment resulted in termination, compensation for future earnings can also be included.
• Emotional distress. Compensation can be increased to reflect the mental and emotional cost that workplace discrimination can cause.
• Medical expenses. Medical expenses for an injury caused by discrimination can be covered by compensation, including the cost of mental health treatment.
• Legal fees. Court and attorney fees can be included in your award.
• Punitive damages. Punitive damages are awarded to punish the employer for severe misconduct, rather than specific damages you have suffered. For example, punitive damages may be available if your employer attempted to conceal the evidence of their harassment.

FAQs

Is Sexual Harassment Legally Considered a Form of Workplace Discrimination Under California Law?

Yes, sexual harassment is legally considered a form of workplace discrimination under California law. Harassment based on sex is prohibited by the Fair Employment and Housing Act. Discrimination laws cover many types of sex-based harassment, including verbal comments or physical conduct that creates a hostile work environment or requests for sexual favors in exchange for favorable employment actions, such as a raise or avoiding termination.

What Types of Conduct Qualify as Sexual Harassment in the Workplace?

A variety of unwanted behaviors qualify as sexual harassment. Harassment may include verbal harassment such as inappropriate statements or offensive jokes, unwanted physical contact, advances or requests for sexual favors, displaying offensive images or objects, or sending sexually suggestive or explicit messages. If you are experiencing any unwanted conduct because of your sex, a lawyer can help you pursue compensation and justice against the harasser.

What Steps Can Employees Take if They Experience Sexual Harassment at Work in California?

If an employee is experiencing sexual harassment, they should document all incidents and file internal reports. They should document the date, time, details, and any witnesses. Internally reporting these details to a supervisor or HR can create a written record of the harassment and could prompt your employer to resolve the issue. However, if harassment continues after these steps, you should hire a sexual harassment lawyer to take legal action.

How Are Quid Pro Quo Harassment and a Hostile Work Environment Different?

While both quid pro quo harassment and a hostile work environment are types of workplace harassment cases, they differ in the circumstances. In a quid pro quo case, the harasser has authority and uses their ability to use beneficial or adverse employment actions to demand sexual favors. In a hostile work environment claim, the harasser doesn’t have to be an authority figure; there are no specific employment actions, but there is a negative or unsafe environment.

Learn How a Skilled California Sexual Harassment Attorney Can Help

A compassionate lawyer can make the claims process less challenging while pursuing fair remedies for your discrimination case. Contact Clark Employment Law, APC, for guidance.