Sexual Harassment

Sexual harassment in the workplace is a traumatic experience that can have profound and lasting impacts on a survivor’s mental health. The road to recovery is often challenging, involving the navigation of both psychological and legal complexities. Haeggquist & Eck attorneys understands that recognizing and addressing the mental health repercussions for survivors is not just a necessity—it is a duty for employers and communities alike.

The Psychological Impact of Sexual Harassment

Sexual harassment in a professional environment can significantly disrupt a person’s sense of safety and well-being. Survivors may experience a range of mental health issues, including stress, anxiety, depression, and post-traumatic stress disorder (PTSD). These conditions can hinder their ability to function in daily life and perform effectively at work. The stigma associated with mental health, particularly within the context of sexual harassment, often discourages survivors from seeking the help they need.

Legal Protections and Rights

In California, the Fair Employment and Housing Act (FEHA) provides robust protections against sexual harassment and discrimination in the workplace. Under this legislation, survivors have the right to a safe working environment free from harassment, and employers are required to take immediate and appropriate action when harassment is reported.

Furthermore, survivors with mental health conditions that qualify as disabilities are entitled to reasonable accommodations under both the FEHA and the Americans with Disabilities Act (ADA). This can include modifications to their work schedule, access to mental health support services, and adjustments to their work environment to help manage their mental health.

Workplace Accommodations for Survivors

Employers must ensure that their workplace is supportive and accommodating to survivors of sexual harassment. This involves more than just adhering to legal requirements—it’s about fostering a culture that promotes mental health awareness and support. Reasonable accommodations might include offering flexible working hours, providing a private and comfortable space for breaks, or permitting telecommuting where possible.

Encouraging a Speak-Up Culture

To truly support survivors, a shift towards a speak-up culture in the workplace is necessary. This means not only encouraging survivors to come forward with their experiences but also ensuring they are met with support and understanding when they do. Training programs on sexual harassment and mental health should be mandatory, helping to educate all employees on the importance of a respectful and inclusive workplace.

Support Systems and Resources

Survivors should be encouraged to access professional mental health services. Counseling and therapy can play a critical role in the recovery process, helping survivors to work through their experiences and develop coping strategies. Employers can assist by providing information about employee assistance programs (EAPs) and local mental health resources.

Additionally, creating a workplace peer support group can give survivors a safe space to share their experiences and recovery journeys with others who understand what they are going through.

The journey of recovery for survivors of workplace sexual harassment is deeply personal and often fraught with challenges. By understanding the mental health impacts, enforcing legal protections, providing appropriate accommodations, and fostering a supportive work environment, employers can play a crucial role in aiding the healing process. It’s about building a workplace where everyone feels safe, respected, and valued.

Survivors of workplace sexual harassment deserve not just legal protection but compassionate support to overcome the mental health challenges they face. Our approach to handling these sensitive issues can make a profound difference in their recovery and in building a healthier, more inclusive workplace culture.

Supporting Mental Health for Survivors of Sexual Assault Beyond the Workplace

While much of our focus has been on the workplace, it’s crucial to recognize that the mental health impacts of sexual assault extend into all areas of life. Survivors of sexual assault, whether the incident occurred inside or outside of work, face similar challenges and require support to navigate the aftermath of such traumatic experiences.

Understanding the Broader Impacts of Sexual Assault

Sexual assault can leave deep psychological scars. Survivors might experience severe anxiety, depression, PTSD, and other stress-related disorders. These impacts can disrupt their personal and professional lives, affecting relationships, work performance, and overall quality of life. The path to recovery varies for each survivor, but understanding and support from the community are universally crucial.

Legal Resources and Rights

Survivors of sexual assault have specific legal rights that can provide protection and pathways to justice. In California, for instance, survivors can seek protection orders against their assailants, and they may have the right to compensation for damages such as medical expenses, lost wages, and pain and suffering. It’s essential for survivors to be aware of these rights and to seek legal counsel to navigate the complex legal landscape effectively.

Encouraging Empathy and Understanding

It’s important for friends, family members, and colleagues of survivors to educate themselves about the realities of sexual assault and its effects. Empathy and understanding are crucial in helping survivors feel supported and not isolated. Simple gestures, like listening without judgment or offering to accompany them to appointments or meetings, can make a significant difference in a survivor’s recovery process.

Our Managing Partner Shares Her Personal Story

Inspired by the survivors Haeggquist & Eck has represented, Alreen Haeggquist wrote the best-selling book Fired Up | Fueling Triumph from Trauma. Alreen shares her personal story of sexual abuse and her path to healing. She includes many ways for survivors to take care of their mental health.

Conclusion

Survivors of sexual assault, whether the incident occurred within or outside the workplace, deserve unwavering support and understanding as they navigate their recovery. By providing access to legal assistance, mental health care, community support, and educational resources, we can help empower survivors and facilitate a healing environment that respects their needs and dignity.

The responsibility to support survivors extends beyond individual interactions; it requires a collective effort to foster a compassionate and informed society. Let’s commit to being part of that supportive network, offering hope and healing to those who have endured these profound challenges.

If you or someone you know has been sexually assaulted or harassed, here is a list of mental health resources. If you would like a free case evaluation to see if you can take legal action, give us a call. Your call is confidential and you are under no obligation to proceed with a lawsuit.

Most employees in the U.S. know that the law prohibits sexual harassment at work. You might have an idea of what sexual harassment looks like, though it may take more forms than you realize. Some employees might not realize when someone sexually harasses them in one of these unfamiliar ways.

Below is some general information about types of workplace sexual harassment. If you believe someone sexually harassed you – or are unsure if they did – consult an sexual harassment attorney who handles sexual harassment claims immediately.

Schedule a Free Case Evaluation Today!

Harassment That Creates a Hostile Work Environment

Hostile work environment sexual harassment involves unwelcome sexual advances, comments, or conduct that create an intimidating, offensive, or hostile environment for an employee.

Various employment laws prohibit such conduct at work, including Title VII of the Civil Rights Act of 1964 at the federal level. Many states have additional laws prohibiting harassment, such as California’s Fair Employment and Housing Act (FEHA).

Here’s a look at what constitutes hostile work environment sexual harassment. An attorney can help you prove the necessary elements of sexual harassment to seek justice from your employer.

Overview

Hostile work environment sexual harassment occurs when the workplace environment becomes permeated with offensive sexual innuendos, jokes, comments, or advances that create a hostile or intimidating atmosphere for the employee. Overt behavior may consist of explicit comments or unwelcome touching, or more subtle, such as repeated inappropriate jokes or offensive images.

Unwelcome Conduct

The key element of hostile work environment sexual harassment is that the the recipient does not welcome or want the behavior. Consensual or welcome conduct may not meet the definition of harassment.

Severity and Pervasiveness

For harassment to create a hostile work environment, it must be severe or pervasive enough to alter the conditions of employment and create a hostile or abusive working environment. Isolated incidents or minor annoyances are generally insufficient to establish a hostile work environment claim.

Forms of Harassment

Hostile work environment sexual harassment can involve different conduct, including:

• Unwanted sexual advances or propositions.
• Sexually explicit or offensive comments or jokes.
• Displaying or sharing sexually suggestive or explicit materials.
• Making offensive or sexually charged gestures.
• Using sexually derogatory or degrading terms to describe someone.
• Insults, ridicule, or derogatory remarks based on an individual’s gender or sexual orientation.
• Sabotaging work or creating a hostile environment based on a person’s refusal of sexual advances.

Impact on Employees

Hostile work environment sexual harassment can have severe emotional and psychological consequences for victims. It can lead to anxiety, stress, depression, and a decline in job performance and job satisfaction. The fear of retaliation or the prospect of losing one’s job may also prevent victims from reporting the harassment.

Employer Liability

Employers can be liable for hostile work environment sexual harassment if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action. Employers have a legal duty to provide a safe and respectful work environment and should have clear policies and procedures in place to address complaints of harassment.

There are also different ways someone can harass a victim to create a hostile work environment. These include:

Verbal Sexual Harassment

Verbal sexual harassment refers to unwelcome and offensive comments, remarks, or advances of a sexual nature that create a hostile or intimidating environment for the victim. This form of sexual harassment involves verbal communication and can occur in various settings, often workplaces.

Examples of verbal sexual harassment include: 

• Sexual jokes
• Explicit comments
• Sexual propositions
• Sexually suggestive remarks
• Derogatory comments about an individual’s appearance or gender. 

Verbal sexual harassment can be distressing, demeaning, and emotionally harmful to the victim.

Visual Sexual Harassment

This harassment involves unwelcome and offensive visual displays of a sexual nature that create a hostile or intimidating environment for the viewer. This form of sexual harassment involves explicit or suggestive images, videos, or gestures targeting a person based on gender or sexual orientation.

Examples of visual sexual harassment include: 

• Displaying sexually explicit materials
• Sharing offensive images or videos
• Making lewd gestures
• Engaging in voyeurism

No employee should have to view harassing materials, gestures, or anything else while at work.

Physical Sexual Harassment

Physical sexual harassment involves unwelcome and inappropriate physical conduct of a sexual nature. This form of sexual harassment involves unwanted sexual contact, advances, or gestures that violate the recipient’s boundaries.

Examples of physical sexual harassment include: 

• Touching
• Groping
• Grabbing
• Kissing
• Hugging
• Any other form of non-consensual physical contact of a sexual nature. 

This is often one of the most obvious and intimidating types of sexual harassment at work.

Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment is a highly serious form of workplace discrimination. It happens when someone in a position of power conditions employment benefits or opportunities on the victim’s acceptance of unwelcome sexual advances or favors.

The term “quid pro quo” is Latin for “something for something,” reflecting the exploitative nature of this type of harassment. It occurs when a person with authority, such as a supervisor, manager, or company owner, uses their position to demand sexual favors or impose unwanted sexual advances on a subordinate or employee.

Key characteristics of quid pro quo sexual harassment include:

• Exchange of sexual favors – The harasser offers or implies they will grant certain employment benefits, such as promotions, raises, favorable work assignments, or job security, in return for the victim’s compliance with their sexual demands.
• Unequal power dynamic – Quid pro quo sexual harassment involves a significant power imbalance between the harasser and the victim. The harasser abuses their position of authority to pressure the victim into engaging in sexual activity or providing sexual favors.
• Unwelcome advances – The victim must reject or resist the sexual advances for it to be harassment. If the victim voluntarily enters into a consensual relationship with the harasser, it may not meet the definition of quid pro quo sexual harassment.
• Adverse consequences – If the victim refuses to comply with the harasser’s demands, they may experience adverse employment consequences, such as demotion, termination, loss of job opportunities, or retaliation.

Examples of quid pro quo sexual harassment in the workplace include:

• A supervisor threatens to fire an employee unless they engage in a sexual relationship with them.
• An employer promises a raise or promotion in exchange for the employee going on a date with them.
• A manager conditions a favorable work schedule on the employee accepting their sexual advances.

Quid pro quo sexual harassment is strictly against federal and state anti-discrimination laws. You can hold employers liable for quid pro quo harassment even if they did not have the chance to stop it.

Unlike hostile work environment harassment, employers do not require notice of the harassment and the opportunity to address the problem before liability attaches.

If one of your superiors engaged in this type of unlawful conduct, you should never wait to discuss what happened with a skilled sexual harassment attorney near you. A lawyer can provide the support you need, especially if you cannot trust your employer to help you.

Workplace Harassment Based on Sexual Orientation or Gender Norms

Not all workplace sexual harassment is sexually charged. Sometimes, harassment can revolve around someone’s sex, sexual orientation, gender expression, gender identity, gender nonconformity, and similar factors related to an employee’s sex and gender.

Workplace harassment based on sexual orientation or gender norms can create a hostile and toxic work environment for affected employees.

Sexual Orientation Harassment

This type of workplace harassment targets individuals based on their actual or perceived sexual orientation, including lesbian, gay, bisexual, and transgender (LGBT) individuals. Harassment can involve derogatory comments, slurs, offensive jokes, or other forms of verbal or written abuse.

Gender Norms Harassment

Gender norms harassment occurs when individuals face discrimination or mistreatment because they do not conform to traditional gender norms and expectations. This may include transgender individuals, gender-nonconforming individuals, or anyone who challenges traditional gender roles.

Impact on Employees

Workplace harassment based on sexual orientation or gender norms can have severe emotional, psychological, and professional consequences for victims. It can lead to anxiety, depression, reduced job satisfaction, and decreased productivity. The fear of discrimination or harassment may also deter qualified candidates from pursuing job opportunities or promotions.

Legal Protections

In California and across the United States, workplace harassment based on sexual orientation or gender norms is illegal under anti-discrimination laws, just like other forms of sexual harassment.

Title VII prohibits discrimination based on sex, which courts have specifically interpreted to include protection against discrimination based on sexual orientation and gender identity. Sexual orientation and gender identity are also express protections under FEHA in California.

Employers have a legal obligation to prevent and address workplace harassment based on sexual orientation or gender norms. This includes developing comprehensive anti-discrimination and anti-harassment policies, training employees and management regularly, and promptly investigating and addressing harassment complaints.

Employees who experience workplace harassment based on sexual orientation or gender norms should report it to their supervisor, human resources department, or other designated channels. Employers must take all complaints seriously and protect victims from retaliation.

When employers fail to take the necessary steps to protect the rights of employees and harassment persists, employees have the right to hold their employers liable for the harm they suffered.

What to Do if You Suffered Sexual Harassment at Work

If you have experienced sexual harassment at work, you should never hesitate to take action to protect your rights, well-being, and professional environment.

Below are some steps to consider if you have suffered any form of sexual harassment.

When unsure what to do, never delay seeking guidance from an employment law attorney.

• Consult an employment attorney – Always seek legal advice from an experienced employment attorney who handles sexual harassment cases. They can help you understand your rights, options, and potential legal recourse.
• Document all incidents of harassment – Write down detailed accounts of each incident, including dates, times, locations, and any witnesses present. Keep any physical evidence, such as offensive messages or notes.
• Review your workplace policies – Your lawyer can explain your company’s policies on sexual harassment and reporting procedures. These policies should outline the steps you should take if you experience harassment.
• Report the harassment – Your lawyer can help you report the incidents to your supervisor, manager, human resources department, or any other designated authority, following your company’s reporting process. Make your report in writing if possible, and keep a copy for your records.
• Keep records of retaliation – If you experience any form of retaliation after reporting the harassment, document these incidents as well. The law prohibits retaliation for reporting sexual harassment, and you might need to take further legal action.

How a Sexual Harassment Lawyer Can Help You

Experiencing sexual harassment can be emotionally devastating, especially if it affects your job and career path. This is a difficult situation whether you are still working at your job, were fired for noncompliance with sexual requests, or felt you had to quit due to a hostile work environment.

In any of these situations, an employment attorney can provide the following services, among others:

• Objectively assess what happened and whether the conduct you experienced was sexual harassment
• Identify your legal rights according to the type of harassment you experienced
• Negotiate with your employer to attempt to resolve the matter without filing a formal complaint
• If your employer is not willing to provide legal relief, your lawyer can file the appropriate complaints with state or federal government agencies
• Provide evidence to support your claims and challenge any defenses your employer tries to present
• Determine how much you deserve in compensation for the emotional, financial, and professional harm you suffered
• File a case in civil court if necessary

No matter what type of harassment you suffered, you should exercise your legal rights to hold your employer accountable under the law. Doing so can help you move forward with greater support and a sense of justice for what happened to you. Seek help from a skilled employment attorney today.

You should never feel unsafe or uncomfortable in any location, especially places where you spend so much time, like work. Still, under certain circumstances, a harasser may purposely make you feel stressed and overwhelmed by making you the target of their sexually harassing behaviors, constituting sexual harassment.

Sexual harassment is not only wrongful but also illegal. If anyone sexually harasses you, do not hesitate to discuss your situation with a local sexual harassment attorney as quickly as possible to protect yourself and your rights.

Schedule a Free Case Evaluation

Understanding Sexual Harassment

Sexual harassment refers inappropriate and unwelcome behaviors. When a person experiences sexual harassment, they can feel stressed, awkward, or even worried for their safety.

Many times, sexual harassment goes unreported, and harassers get away with their wrongful behavior. For this reason, a lawyer can explain the signs of sexual harassment, your rights, and your options should someone harass you.

Recognizing Sexual Harassment

Fully understanding sexual harassment means knowing what behaviors to look for. Sexual harassment comes in verbal, non-verbal, or physical forms.

Common examples of verbal sexual harassment include:

• Asking for sexual favors
• Sexual jokes 
• Inappropriate comments about your looks
• Unwelcome sexual advances
• Discussing sexual stories or fantasies
• Spreading inappropriate rumors

Common non-verbal examples of sexual harassment include:

• Blowing kisses
• Winking
• Making crude body gestures
• Making faces
• Whistling or catcalling

Finally, signs of physical sexual harassment include:

• Unwelcome physical contact, like hugs
• Rubbing up against a person
• Getting too close to a person
• Touching a person in an inappropriate place

Sexual harassment may start mild, with some verbal and non-verbal cues, and transition into physical contact as the harasser gets more comfortable acting inappropriately.

When a person sexually harasses you, protect yourself and keep others around you safe.

Who Can Be a Victim of Sexual Harassment?

There are several misconceptions about sexual harassment. One of the most significant is that sexual harassment only happens to certain people.

In reality, sexual harassment can happen to just about anyone. Regardless of your age, gender, race, sex, nationality, sexual orientation, or religion, you’re at risk of falling victim to sexual harassment.

Sexual harassment does not discriminate. What’s important is determining whether a person is experiencing unwanted, inappropriate behavior.

Additionally, a person does not have to be a direct victim of sexual harassment. You may have a claim for sexual harassment if you saw a harasser’s wrongdoing and the harassment has affected you in some way.

Therefore, harassment can affect anyone, regardless of your circumstances.

Where Does Sexual Harassment Happen Most?

Sexual harassment can happen almost anywhere. However, sexual harassment occurs more in certain locations than others, including schools and workplaces, as isolated incidents or, more often, repeated offenses. For this reason, sexual harassment often occurs in locations where a person frequents, like school or work.

Still, if you believe someone sexually harassed you, discuss your situation with a sexual harassment attorney to determine whether you have a valid claim.

Types of Sexual Harassment in the Workplace

The workplace is one of the most common places where sexual harassment takes place. This is partly because harassers get comfortable harassing their victims, especially in certain situations, including when the harasser is in a position of power.

Because sexual harassment in the workplace happens so frequently, the law recognizes two distinct types of sexual harassment at work: quid pro quo sexual harassment and hostile work environment.

Quid Pro Quo Sexual Harassment

Quid pro quo is Latin, meaning “something for something.” When it comes to sexual harassment, quid pro quo means the harasser asks their victim for something, usually sexual relations, in exchange for a benefit. They can also threaten adverse action if the victim does not agree to sexual conduct.

In most cases, the individual doing the harassing requests a sexual favor, like a sexual act, in exchange for something work-related, including:

• A job
• Promotion
• Raise
• Better work hours
• A transfer to a desired work location
• Protection during periods of layoffs

Usually, harassers who engage in quid pro quo harassment are in power positions, while their victims are in lower positions. Higher-ups may feel they can get away with harassing behavior, and the victim will do as requested to receive the promised benefit.

Sometimes, victims feel backed into a corner with no choice but to agree to the harasser’s request. Whether the victim agrees to sexual conduct or inappropriate acts does not affect their ability to take action against the harasser. This does not change anything for victims – a wrongful act is still wrong.

Hostile Work Environment

The second type of workplace sexual harassment involves a hostile work environment. This is because harassers can make a situation so bad for their victim that they create an abusive, offensive, or otherwise hostile work environment.

Typically, in a hostile work environment, the harasser’s behavior is enough to create a bad situation for the victim.

Harassers in a hostile work environment can work with the victim or frequent their place of business, including:

• Supervisors
• Coworkers
• Clients
• Customers
• Vendors

The harasser’s repetitive behavior makes a work environment hostile if the behavior would offend a reasonable person.

A victim of hostile work environment sexual harassment may put up with the harassment for fear of potential consequences, like losing their job or retaliation by the harasser or the company.

How California Defines Sexual Harassment

In California, the Fair Employment and Housing Act (FEHA) dictates the laws concerning workplace sexual harassment. Under the Act, sexual harassment is sexually suggestive and unwanted verbal or physical advances toward an individual with whom the harasser has a professional relationship.

The law also protects those who do not have a professional relationship with the harasser. Sexual harassment can occur between individuals with varying relationships in other settings, and the law protects them all the same.

Is Sexual Harassment Illegal in California?

Sexual harassment violates the law in California and everywhere else in the United States. Therefore, if a person sexually harasses someone, they may face serious consequences under the law—both civilly and criminally.

The law also requires employers to prevent sexual harassment at work in California. If an employer fails to abide by these requirements, a company can face civil liability and potential penalties from the government.

What to Do if You Believe Someone Sexually Harassed You

If you or someone you know experience sexual harassment, develop a plan with a sexual harassment lawyer, especially if you experience harassment frequently and it interferes with your work or life.

The following steps can protect your rights and allow you to file a claim.

Collect Evidence and Documentation of the Incidents

The first time or two you experience sexual harassment, you may not know it. However, if you find the harasser continues to engage in inappropriate conduct, whether verbal, visual, or physical, start gathering evidence.

Helpful evidence of sexual harassment can include:

• Emails
• Text messages
• Phone messages
• Videos and photos
• Handwritten notes

If you can collect any documentation or evidence to show the harasser’s wrongful behavior, save it just in case. Your lawyer may use it later.

Speak to Your Harasser

Some sexual harassment victims can avoid further upset by talking to their harasser. Sometimes, a person engaging in sexual harassment behavior may not realize their behavior offended you. A simple talk can help resolve any issues.

Alternatively, your harasser may know they engaged in wrongful behavior but may think you’d never take action against them. Having a talk with these individuals may scare them into correcting their behavior for fear of the repercussions.

Still, if you’re seriously intimidated by your harasser, or you don’t feel comfortable or safe speaking with them, you can proceed without doing so.

Notify Your Employer

Become familiar with your employer’s harassment policy. You can either ask human resources or refer to your employee handbook.

Typically, employers have protocols to follow if an employee experiences harassment. This may require you to speak directly with your supervisor or your company’s HR department and file a complaint against your harasser.

Once your employer knows the harassment, they can conduct an internal investigation to determine whether your claims are true. If they determine a reason to believe your claims of harassment are valid, your company may take action against the harasser. However, they may also decide not to act or determine your claims are false.

Remember, too, that HR departments work for and protect the company, not you. Call a lawyer to determine how best to talk to HR.

Depending on the outcome of your company’s investigation, you may proceed with a more formal complaint.

File a Formal Complaint with a Governmental Agency

Two agencies handle harassment issues: the Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department (CRD). The Equal Employment Opportunity Commission is the federal agency that enforces anti-discrimination laws in the workplace. The California Civil Rights Department specifically protects California residents from wrongful and illegal conduct in the workplace.

Your sexual harassment attorney can determine the best place to begin your claim process. Often, California employees will file a complaint with the state agency.

After filing your complaint, you can determine whether you’d like the agency to investigate. If they do and they find a state or federal law violation, they can remedy the issue.

You may skip the agency’s investigation and request a right to sue to pursue formal legal action.

Take Legal Action

Taking legal action against your harasser or employer requires special permission from the EEOC or CRD. You cannot proceed with your legal claim unless you receive a right-to-sue letter allowing you to file a lawsuit.

If you can file a lawsuit in court, hire a qualified sexual harassment attorney to handle your claim and provide experienced representation.

Are There Time Limits on Sexual Harassment Claims?

When it comes to civil cases, a statute of limitations dictates how long a person has to file their lawsuit. It’s no different for sexual harassment cases. However, your state’s laws may differ.

Generally, you have three years to file your complaint with the CRD and a maximum of 300 days to file it with the EEOC. These dates may vary, so consult a sexual harassment attorney.

Additionally, obtaining a right-to-sue letter means you have one year to file your lawsuit.

Missing a deadline can seriously affect your ability to seek justice and obtain compensation for sexual harassment. Therefore, get moving as quickly as possible.

An Experienced Sexual Harassment Attorney Can Help

You cannot handle a sexual harassment cases alone. Sexual harassment can affect you mentally and emotionally, and the added stress of handling your claim can overwhelm you.

A sexual harassment attorney can provide much-needed guidance and advice and determine your case’s best course of action.

To ensure your claim proceeds appropriately and within the required time frame, seek help from a local employment lawyer in San Diego right away.

Schedule a Free Case Evaluation Today!

Sexual harassment can happen just about anywhere, at any time, and to anyone. Even so, sexual harassment tends to happen most often in the workplace. When you go to work, you should never experience sexual harassment, but many people do – by bosses, coworkers, clients, and others.

But can sexual harassment exit the four walls of your workplace?

Yes. Sexual harassment at work can follow you outside the workplace.

You can hold your employer liable for harassment outside of your work location, and you deserve legal relief for what you experienced and the harm you suffered.

If you’re the victim of sexual harassment or suspect you might be, you don’t have to feel alone in your struggles. A qualified sexual harassment lawyer can provide proper guidance and advice and help you pursue the justice you deserve. Seek a legal consultation and evaluation of your options today.

Schedule a Free Case Evaluation

What is Sexual Harassment?

Sexual harassment encompasses a variety of inappropriate and unwelcome behaviors, which can vary widely from . When a harasser engages in this type of wrongful behavior, they can make their victim feel uncomfortable, embarrassed, or unsafe.

Contrary to popular belief, sexual harassment can happen in almost any setting. Still, it tends to happen often at work, partially because of the different power imbalances within the workplace and the repeated interaction between harassers and their victims.

Another misconception is believing sexual harassment only happens to certain individuals. In reality, anyone can fall victim to sexual harassment. No matter your gender, age, or sexual orientation, you can face sexual harassment by a harasser of any gender, age, or sexual orientation. Sexual harassment does not discriminate.

Finally, sexual harassment can involve one isolated incident or frequent improper interactions. What matters most is that you do not welcome the behavior, and it is bad enough to make them feel and react negatively.

Common Signs of Sexual Harassment

Sexual harassment often goes unreported, primarily because victims are unaware of what sexual harassment entails.

There is no set, strict behaviors that entail sexual harassment. Instead, harassment can involve several verbal, visual, and physical cues to make a victim feel uncomfortable and at risk.

Verbal signs of sexual harassment can include:

• Requests for sexual favors
• Sharing stories of sexual experiences or fantasies
• Comments about a person’s appearance or looks
• Rumors of the sexual variety
• Inappropriate phone calls or voice memos
• Repeatedly asking a person on dates
• Excessive flirting
• Asking inappropriate questions

Common non-verbal, visual signs that indicate sexual harassment include:

• Inappropriate facial expressions
• Winking
• Blowing kisses
• Crude body gestures
• Sharing sexually explicit images or videos
• Exposing oneself

Physical sexual harassment often includes:

• Touching a person inappropriately
• Unwelcome touching
• Rubbing oneself sexually against another person
• Unsolicited massages

Often, harassers aim to use their words and actions to make their victims feel a certain type of way, especially in the workplace. Harassers may act inappropriately toward their victims and threaten or blackmail them to help ensure they stay tight-lipped about the situation.

Regardless of your experiences, if you feel you’ve fallen victim to sexual harassment, it’s essential to take action. If not, the behavior may continue, and the harasser may go unpunished, allowing them to target many other victims.

Sexual Harassment in the Workplace

Sexual harassment happens in every type of workplace, from retail stores and small restaurants to established businesses and large corporations. Your experience may differ depending on the details of your harassment, including the identity of your harasser and the type of harassment you’re experiencing.

Sexual harassment in the workplace is so common; the law recognizes two of the most common kinds of sexual harassment situations: hostile work environment and quid pro quo sexual harassment.

Hostile Work Environment

You may have previously heard of a hostile work environment but may not understand what it means. Additionally, many don’t realize this term relates to sexual harassment.

If you’re experiencing a hostile work environment, your harasser has likely created a particularly negative working environment for you. This circumstance may make it nearly impossible to feel comfortable and safe at work. A hostile work environment is not only just hostile but perhaps offensive and even abusive.

In a hostile work environment, the harasser’s sexual conduct is usually bad enough that even the most reasonable person will find it offensive. In addition, the behaviors a victim experiences in this situation usually occur over an extended period and on several occasions rather than just one sole incident.

Those that work with you are not the only individuals responsible for creating a hostile work environment. Aside from supervisors and coworkers, other individuals that frequent your place of work can also create such an environment for you, including vendors, customers, and clients.

A hostile work environment can affect a person physically, mentally, and emotionally, affecting their ability to work and earn a living. In this environment, you may not want to report your harasser, as you may worry about what that will mean for your career and future.

Quid Pro Quo

Quid pro quo sexual harassment varies greatly from hostile work environment harassment.

In Latin, quid pro quo stands for “something for something“. Therefore, this type of sexual harassment involves the harasser asking their victim for something in exchange for something else.

Usually, quid pro quo harassers are in positions of power, giving them the upper hand on their victims. Additionally, these higher-up positions give the harasser the power to provide their victims with a sought-after benefit, which they use to their advantage.

Most commonly, quid pro quo harassers ask for sexual favors in exchange for work benefits, including:

• Jobs
• Promotions
• Raises
• Transfers to other locations
• Protection for layoffs and firings

Under these unique circumstances, many times, victims of quid pro quo sexual harassment feel they have no choice but to agree to their harasser’s requests. Failing to comply can result in negative consequences with lasting effects.

For this reason, victims often agree to their harasser’s requests, as bad as some may be. However, even if you, as a victim, agree to do whatever your harasser asks of you, this does not take away your right to justice in the future. Complying with the request your harasser makes of you does not change anything.

Sexual Harassment Doesn’t Just Have to Happen Inside the Workplace

Sexual harassment doesn’t just stop once the clock hits 5 o’clock. While it is true some harassers only harass their victims at work during work hours, some harassers also choose to take it outside the four walls of the workplace. This is especially true if you work for a company or business encouraging out-of-office gatherings and relationships with coworkers.

Social Settings

For some employees, escaping social outings and events with coworkers is impossible. You’ll likely see your coworkers and other work-related contacts outside the office, whether during an after-work happy hour or the yearly holiday party.

In these social settings is where sexual harassment often starts. Alternatively, a social event or outing can only make the harassment worse, as coworkers and supervisors are in more relaxed settings and don’t feel watched. Additionally, social settings usually involve alcohol, which often escalates the matter.

Mingling with coworkers and work contacts outside of work can easily result in sexual harassment.

Work Trips

If your job takes you on frequent work trips, this can easily result in sexual harassment. This is particularly true if you take frequent work trips with your harasser or visit certain work locations where your harasser works.

Like social outings, work trips often involve casual gatherings, which usually involve alcohol. The primary difference is that you’re not going home at the end of the day and likely head to a hotel, which can give a harasser an easier opportunity to act wrongfully.

Working from Home

Workplace sexual harassment doesn’t just happen in person – online sexual harassment is also very real.

After the pandemic and the rise in remote jobs, sexual harassment happens more frequently online. While physical harassment is out of the question, this doesn’t stop harassers from engaging in inappropriate behaviors. In an online setting, people can send digital content on private and public platforms, including unwelcome and explicit photos, videos, emails, and instant messages.

Workplace Romances Gone Wrong

It’s worth noting that some sexual harassment situations don’t arise out of the blue. Instead, what starts as a workplace romance can quickly take a turn for the worst and become sexual harassment.

Many companies have certain policies for workplace relationships. Many allow these inter-office relationships as long as the couple makes the employer aware, while others strongly deter their employees from dating each other.

Even if you had a romantic relationship with a coworker they cannot sexually harass you. Sexual harassment is still wrong, no matter the relationship the harasser shares with their victim.

Does the Law Protect Victims of Sexual Harassment Outside of Work?

Yes – sexual harassment is wrong and unlawful, regardless of the setting. This means that even if your workplace sexual harassment occurs somewhere else, the law still protects you.

What Laws Pertain to Sexual Harassment?

Several state and federal laws exist to protect against different types of harassment, including sexual harassment.

Sexual harassment is a form of sexual discrimination under Title VII of the Civil Rights Act of 1964 and the Fair Employment and Housing Act. If you experience sexual harassment, take action against your harasser and/or employer.

Depending on your situation, you may recover damages. Therefore, talk to a lawyer who can explain the relevant laws and how to protect your right to compensation.

Taking Action for Sexual Harassment

When you fall victim to sexual harassment, don’t wait to take action. This usually starts by notifying your employer of the harassment based on their harassment policy, if one exists. Employers usually expect to learn about situations like harassment so they can investigate and take appropriate action.

Depending on the outcome of your employer’s investigation, you may decide to take your sexual harassment complaint to the governmental level. You can file a formal claim with the Equal Employment Opportunity Commission (EEOC), the federal agency tasked with protecting victims of discrimination, or a state-level agency, like the California Civil Rights Department (CRD), which protects state residents from unlawful conduct.

Through either agency, you may have the agency itself investigate your claims to determine whether your employer violated the law. If so, the agency can attempt to remedy the situation for you.

Alternatively, you may elect to seek a right to sue. A right-to-sue letter from either agency gives you the green light to file your lawsuit.

You may not know how best to take action for sexual harassment in (and out) of the workplace. For this reason, rely on a sexual harassment attorney for guidance.

A Sexual Harassment Attorney Can Help You Navigate Your Claim

Sexual harassment can have many mental, emotional, and physical effects on a victim. Experiencing sexual harassment can bring about many negative feelings, including worry, fear, and anxiety. You shouldn’t have to add to your stress by handling your own sexual harassment claim.

Strong representation can reach the best possible outcome. Additionally, having an employement attorney in San Diego on your side can provide much-needed peace of mind during a turbulent time.

The law gives you limited time to take action for your sexual harassment case. Contact a local sexual harassment firm in San Diego as soon as possible to discuss your case with a skilled attorney.

Schedule a Free Case Evaluation Today!