Sexual Harassment

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.

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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.

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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!

Many types of sexual behavior can be the basis for a harassment case. This behavior can include verbal remarks and comments. In fact, some of the most extreme examples of sexual harassment that have led to harsh consequences were verbal in nature, even when no sexual favors were demanded or requested.

If you have been the victim of verbal sexual harassment, you should see an sexual harassment lawyer to learn about your legal rights and a possible lawsuit against your employer.

Verbal Harassment Can Fall Into Both Categories of Sexual Harassment

Sexual harassment involves unwelcome behavior of a sexual nature. Certainly, this includes actual physical contact. It also includes retaliating against a subordinate because they reject sexual advances. Many different things can be “of a sexual nature.” Words and other non-physical behavior can fall under the umbrella of sexual harassment.

There are two primary types of sexual harassment, and verbal sexual harassment can fall under each category:

• Quid pro quo sexual harassment literally means “this for that.” Here, sexual favors are requested or demanded in exchange for a particular job benefit. Quid pro quo sexual harassment cases can include verbal sexual advances and direct sexual remarks to an employee. These acts of harassment often include direct vulgar remarks made to the employee about things like their body or sexual suggestions.
• A hostile work environment is when employees create an abusive work environment because of pervasive conduct. This conduct can include remarks that happened in the employee’s presence or objectifying women in the workplace because of their gender.

The Victim Must Have Personally Suffered From the Conduct

Verbal harassment is not something only in the eyes of the victim. It is possible that one can be overly sensitive, and a reasonable person would not consider the verbal conduct to be abusive.

When it comes to a hostile work environment, the victim must show that they suffered personally from the conduct, and that it disturbed their tranquility and ability to perform their job. Usually, this suffering will be repeated and pervasive, and it will occur on more than one occasion. An employee cannot seek financial compensation if they were in the presence of a dirty joke but it did not bother them.

Whether It Is Harassment Depends on the Facts and Circumstances

Whether something is sexual harassment depends on the facts and circumstances of the situation. Usually, courts are looking for a pattern of conduct, but one remark or occurrence can be enough to constitute sexual harassment if it is severe enough.

Everything depends on what a reasonable person might consider to be hostile or abusive and whether the employee suffered personally from the remarks.

For example, if one employee tells another, “You look nice today,” on one occasion, and the employee who received the remark suffers severe emotional distress, it may not be sexual harassment because distress will be an unusually sensitive and unusual reaction to have.

A Famous Example of Verbal Sexual Harassment on Wall Street

In the 1990s, the public learned of one notorious case of verbal sexual harassment that brought attention to this illegal pattern of conduct in the workplace. One branch of the Wall Street brokerage Smith Barney had an area they called the Boom Boom Room where male employees gathered to drink alcohol and make lewd remarks. This conduct occurred throughout the office, where male employees directly referred to female employees using vulgar terms.

Even with no overt sexual advances, the environment was a hostile one towards women. Smith Barney settled a lawsuit filed by 26 female plaintiffs for a total of $150 million. The liability from the case was supposed to change the way that many workplaces operated, but many things never changed.

Examples of Verbal Sexual Harassment

Here are some examples of things that can constitute verbal sexual harassment:

• Jokes and innuendo of a sexual nature made to a co-worker or around them

• Asking a co-worker out to date or have sex
• Unwanted questions about an employee’s sex life
• Comments about one’s sex life directly to or in the presence of another employee

One does not even have to make remarks about sex to verbally sexually harass someone. In the Boom Boom Room case, the women were called derogatory names that referred to their sex. For example, addressing women as a “b” can be verbal sexual harassment. Of course, the case discussed above also had numerous other derogatory and sexual remarks that made the situation far worse.

Verbal Sexual Harassment Does Not Require Intent or Actual Sexual Remarks

Verbal sexual harassment also does not have to be derogatory remarks aimed at a particular employee or group of employees. For example, excessive complimenting can be sexual harassment when it is unwelcome. Making remarks complimenting an employee’s body or clothing can be harassment, depending on the atmosphere it creates for the employee.

Verbal sexual harassment does not have to come from a supervisor to be illegal. Any employee can sexually harass another, even if they do not talk to them directly. Telling sexual jokes to an employee in one’s cubicle can be harassment when it happens where others can hear the joke. Sexual harassment can be every bit as much about the atmosphere in the office.

These remarks also do not need to be made with the intent to be sexual harassment. One can commit an illegal act without even knowing exactly what they are doing.

A co-worker may think they were trying to be nice to the other employee without knowing they were making their co-workers uncomfortable. They may have made a statement to someone else without knowing that there was another employee in the vicinity who can hear what they said. It is best to be careful and not make any remarks that can be construed as verbal sexual harassment.

A $168 Million Jury Award for Verbal Sexual Harassment

One of the largest sexual harassment lawsuit payouts of all time was for conduct that was predominantly verbal. Hospital staff had explicit conversations about their sex lives in her presence and made jokes laden with sexual innuendo. One of the surgeons greeted co-workers with inappropriate sexual comments and often detailed his frustrations about his own sex life in front of his colleagues. The nurse had made 18 written complaints about sexual harassment to human resources. Instead of taking action to stop the sexual harassment, the hospital retaliated against the nurse by firing her.

The nurse won her case at trial. At the conclusion of an 11-day trial, the jury awarded her a stunning $168 million in damages. Included in this total was $39 million for mental anguish. In addition, the jury slapped the hospital with $125 million in punitive damages for their egregious conduct.

Damages in Your Sexual Harassment Case

Although not every case may be worth that staggering amount of money, it gives you an idea of what may happen when your employment attorney can prove horrible employer conduct to a jury. In a sexual harassment case, a jury of 12 human beings with their own emotions and sensitivities decide the case. Thus, you do not have to be a continuous victim and live with the awful conduct you experienced at work.

In a sexual harassment case, you might seek:

• Payment for the mental anguish that you experienced from the conduct

• Lost income if your employer terminated you from your job or did not promote you or increase your pay because of retaliation
• Any harm to your reputation as a result of the harassment
• The costs to treat any physical or emotional issues that you experienced because of the harassment
• Job-search costs if you need to look for a new job

The court may even award you attorney’s fees and costs if you win a lawsuit, meaning that you can keep your entire award.

Your Employer Has Every Reason to Worry

As you have seen, punitive damages are also possible for examples of egregious conduct. This fear is very real for employers. The prospect of punitive damages may make your employer more willing to settle the case before it ever comes close to the inside of a courtroom. This can make the process less stressful for you.

In addition, your employer may also be afraid of bad publicity. In the #MeToo era, companies have been subjected to withering criticism when examples of sexual harassment have gone public. It can be bad for the employer’s reputation and business. You may have some leverage when you are either trying to put a stop to bad behavior or seek compensation for the harassment that you have endured.

You Can and Should Take Legal Action

What you may have been experiencing at work may not just simply be off-color jokes and normal humor. Instead, it can be illegal. You have the right to take legal action when the behavior crosses the line.

You should not act alone. If you have been the victim of verbal sexual harassment, you need to contact an experienced employment attorney today. Your lawyer will work with you on your response and how to address the situation. It is difficult enough to endure sexual harassment. You do not have to go through it alone, feeling helpless and powerless.

Many people do not come forward when they are victims of sexual harassment. Whether they are afraid or they do not think that they can do anything about it, people may not know about their full legal rights. Speaking with an attorney can let you know that you have legal rights of sexual harassment victims and the potential for financial compensation. An attorney will explain the law to you and let you know how best to handle the harassment.

What to Do When You Have Been Verbally Sexually Harassed?

Here is what you should do after verbal sexual harassment or any other kind of illegal harassment on the job:

• Try to document everything that you can about the conduct, including when it occurred and other details that can be helpful in proving your case

• Keep a contemporary log of the offensive sexual remarks
• Speak to your supervisor or human resources and raise your concerns about the conduct (making a written request whenever possible)

You generally should have evidence that you raised your concerns to management to let them know that you felt you were experiencing harassment, and they should take steps to end the illegal conduct. You are protected when you come forward because your employer can pay a severe price if they fire you to retaliate for making a complaint.

To be clear, there is no right way to address sexual harassment. Everything depends on the facts and circumstances of the situation. An employment attorney in San Diego can assist you with the best response in your own particular situation.

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