Examples of Workplace Sexual Harassment
These are some common types of workplace sexual harassment, along with specific examples of each.
Unwanted Physical Contact
- A coworker gives you an unsolicited back rub, even after you've told them to knock it off.
- Someone at work keeps "accidentally" bumping into you or finding excuses to touch you in ways that make you uncomfortable.
Sexual Comments and Innuendo
- A colleague constantly comments on how hot you look or makes suggestive remarks about your body.
- Someone at work keeps cracking dirty jokes or sharing explicit stories despite complaints from you and your coworkers.
- A group of coworkers constantly asks you about your sexual orientation even though you say you’d rather not discuss the topic.
Sending Sexually Explicit Materials
- You notice that a group of colleagues have been sharing sexually explicit images in an email chain at work.
- A department head continues to post memes and GIFs with sexual content on a team chat app, making you and your colleagues uncomfortable.
Lewd Written Communication
- A coworker slips sexually suggestive notes under your office door.
- You receive flirty emails from your boss that cross professional boundaries.
Pressuring for Dates or Sexual Favors
- A coworker repeatedly asks you out even after you’ve made it clear you’re not interested.
- Your boss hints that your job might be on the line if you don't agree to "get drinks" after work.
Inappropriate Workplace Behavior
- Your colleagues constantly make sexist cracks that put down customers based on gender.
- A supervisor says that you can't handle a task because of your gender.
- Your supervisor does nothing about a colleague who stares at and makes lewd gestures toward you.
Sexual Assault and Indecent Exposure
- A colleague, customer, or someone else commits any form of sexual assault, from unwanted groping to rape.
- Someone flashes or exposes themselves to a colleague in the office or at a work event.
Industries with High Rates of Workplace Sexual Harassment
Sexual harassment can occur in any industry, but certain sectors report higher incidences. Workers in these industries may deal with sexual harassment at higher rates:
- Hospitality and food service: Employees in these sectors often face harassment from both customers and colleagues.
- Retail: Retail workers frequently encounter unwanted advances and sexual comments from customers and coworkers.
- Healthcare: Nurses and other healthcare professionals may experience harassment from both patients and colleagues.
- Construction: This male-dominated industry has a higher prevalence of harassment, particularly toward women and LGBTQ+ individuals.
Unfortunately, some workplaces seem to accept a culture of sexual harassment. If you’re dealing with pervasive harassment at work, you should understand your rights — and know how to take action.
Legal Safeguards Against Sexual Harassment at Work
Both federal and California laws provide comprehensive protections against workplace sexual harassment. These laws work to empower employees so that they can hold their employers accountable.
Federal Protection Against Sexual Harassment
The Civil Rights Act of 1964, specifically Title VII, prohibits sex-based discrimination in workplaces with 15 or more employees. This law covers sexual harassment along with related actions, such as gender-based hiring practices or unequal pay policies.
California's Enhanced Protection
The Fair Employment and Housing Act (FEHA) in California offers even broader safeguards. Unlike federal law, FEHA applies to all employers in the state, regardless of size, when it comes to sexual harassment claims.
When Sexual Harassment Crosses the Line
Federal and state laws shield workers from harassment by supervisors, colleagues, and even nonemployees like clients or vendors. Employers are required to take reasonable steps to prevent sexual harassment and address it swiftly when it occurs. If an employer fails to do this, it could end up on the losing side of a civil lawsuit.
Courts assess the frequency and severity of harassing behavior when evaluating sexual harassment claims. They also review what steps the employer made to correct these issues.
A single severe incident, particularly if it involved physical assault, may be enough to constitute sexual harassment. Conversely, a series of less severe incidents can collectively create a hostile work environment, even if each incident alone might not meet the legal threshold.
How to Protect Yourself Against Workplace Sexual Harassment
If you’re experiencing sexual harassment at work, it's time to take action. Here’s how to safeguard yourself and assert your rights:
- Take notes: Keep a detailed log of all incidents, including dates, times, locations, and descriptions of the harassment.
- Save evidence: Keep any relevant emails or text messages about the incident; store them outside your workplace, if possible.
- Express your objections: If you feel safe doing so, firmly communicate to the harasser that their behavior is inappropriate and unwelcome.
- Speak to an authority: Talk to your supervisor or HR representative, especially if you don’t feel comfortable speaking to the harasser or if they don’t stop harassing you.
- Consult a lawyer: Seek guidance from an employment lawyer who focuses on sexual harassment claims.
Bring your notes and evidence to your first consultation with your lawyer. Together, you can decide what legal actions to take next.
Where to Report Sexual Harassment
Depending on the severity and nature of the harassment, you can report it to the following organizations:
- Law enforcement: For criminal acts like sexual assault or stalking, contact law enforcement and file a police report.
- Your employer: Review your employee handbook and follow the appropriate channels, such as notifying your supervisor or HR representative.
- Your union representative: If you're a union member, your representative can offer support and potentially mediate with your employer.
- A government agency: The agency will investigate your complaint and determine whether to take action against your employer.
If your official complaint and other resolution attempts fail, your next step may be filing a sexual harassment lawsuit. Consult with an employment attorney to understand the process and potential outcomes.
Compensation Options for Sexual Harassment Victims
If your sexual harassment claim is successful, your employer may be forced to repay you for any losses you incurred. The amount and type of compensation available depend on how the harassment affected your career and well-being. Here's an overview of potential compensation:
- Lost wages: This covers income you missed out on due to harassment-related job loss or denied advancements.
- Future earnings: If returning to your job isn't possible, you might receive compensation for anticipated future income.
- Benefits: This can cover previous and future benefits you missed out on, such as retirement contributions and health insurance premiums.
- Emotional impact: This addresses the psychological toll of harassment, including stress and mental health effects.
- Legal costs: You may be reimbursed for expenses related to pursuing your case, including attorney fees.
Along with awarding you compensation, the court may require your employer to make specific changes, like updating policies or conducting training.
Filing Deadlines for Sexual Harassment Claims in California
Time is of the essence when filing a sexual harassment claim. The deadlines for taking legal action depend on whether you are filing with a state or federal agency:
- EEOC: You generally have 180 or 300 days from the date of the harassment to file a complaint with this federal agency.
- California Civil Rights Department (CRD): You typically have three years from the date of the harassment to file a complaint with the state.
- Lawsuit: Once you receive a right-to-sue notice from the EEOC or CRD, you have a limited time to file a lawsuit (90 days for the EEOC and one year for the CRD).
Missing these deadlines can bar you from pursuing legal action, so it is crucial to act quickly.
