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Employment Law
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sexual harassment

Sexual harassment, which is a form of sex discrimination, is widespread and affects employees, mostly female, in many workplace settings. Surveys have indicated that almost half of all working women have experienced some form of sexual harassment in the workplace. In 2006, the U.S. Equal Employment Opportunity Commission received over 12,000 complaints alleging sexual harassment in the workplace. Similarly, in 2004, the California Department of Fair Employment Housing reported nearly 3500 complaints alleging sexual harassment in employment.

What is sexual harassment?

Under the law, sexual harassment is defined as unwelcome verbal, visual, or physical conduct of a sexual nature that is severe, persistent or widespread and creates an abusive or hostile working environment. Sexual harassment can take many forms, such as:

  • obscene language, demeaning comments, slurs, threats or music;
  • unwanted touching, assault, or physical interference with normal work or movement;
  • offensive posters, objects, cartoons, drawings or movies; and
  • unwanted sexual advances.

To constitute sexual harassment, the conduct must be severe, persistent or widespread. A single incidence of inappropriate sexual conduct is unlikely to be considered sexual harassment under the law unless it is severe, such as a physical assault or a rape. A number of more minor instances of inappropriate conduct, such as a sexually derogatory joke or an unwelcome sexual advance, may be sexual harassment if the conduct creates a hostile or abusive work environment. Bullying or generalized harassment not based on race, ethnicity, sex or some other protected category, though unfortunate, is generally not illegal.

What to do if you have experienced sexual harassment

If you believe that you have been subjected to sexual harassment, your first course of action should be to bring the situation to your employer’s attention. A written complaint is not necessary but is usually advisable to make a complaint in writing so that you can hold the employer accountable if you later experience retaliation. In some instances, an employer will be liable for sexual harassment only if it had knowledge of or opportunity to discover the existence of a hostile work environment and failed to take appropriate action. It is illegal for your employer to retaliate against you for complaining about sexual harassment.

Contact us

If you have experienced sexual harassment on the job, you should consider contacting an attorney. The employment law practice group of Boxer & Gerson has extensive experience litigating sexual harassment cases and a comprehensive understanding of the challenges that face people who have been subjected to sexual harassment, please call us at 510-835-8870 or click here to complete our contact form.

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