Sex/gender is just one of the protected categories under FEHA's prohibition against harassment; but it's also one of the most common forms of harassment.
There are two types of sexual harassment – hostile work environment and quid pro quo. An unlawful hostile work environment may be present when an employee is subjected to conduct that is severe enough or sufficiently pervasive to alter the conditions of employment and create a work environment that qualifies as hostile or abusive to employees because of their sex. Quid pro quo harassment is where an employee is offered and/or withheld an employment benefit (i.e. promotions, raises, favorable feedback, other compensation, etc.) in exchange for or because he/she refused sexual favors.
A few examples of sexual harassment or discrimination may include:
- Sexual advances, propositions or comments.
- Demotion or denial of promotions based on refusal of sexual advances.
- Offer of promotions or raises in exchange for sexual favors.
- Inappropriate and unwelcome comments.
- Inappropriate touching of any kind.
- Gestures and comments of a sexual nature.
- Sending, showing, or posting pictures, posters, cartoons, or objects that are sexual in nature.
- Emails, social media posts, or text messages that are sexual in nature.
- Unwelcome physical contact.
- Forced and non-consensual sexual conduct or contact.
If you have been subjected to concerning behavior that you believe may be sexual harassment, contact our firm for a free consultation.