What is Sexual Harassment?
Sexual harassment is a form of sex discrimination that violates the California Fair Employment and Housing Act also known as FEHA (Government Code §12920 et seq.), and Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an abusive, intimidating, hostile or offensive work environment.
Under Federal law, sexual harassment can be found in a variety of circumstances, including but not limited to the following:
● The victim as well as the harasser may be a woman or a man and does not have to be of the opposite sex.
● The harasser can be the victim's supervisor, an agent of the employer, a supervisor or a co-worker.
● The victim doesn't have to be the person harassed and can be anyone affected by the offensive conduct.
● Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
● The harasser's conduct must be unwelcome.
In determining whether harassment has occurred under Federal law, one should examine the entirety of the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.
Sexual Harassment Under California State Law
The Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment and harassment based on pregnancy, childbirth, or related medical conditions. The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. Sexual harassment includes many forms of offensive behavior and includes harassment of a person who is the same sex as the harasser. Under California law, illegal harassment may include, but is not limited to, the following:
● Unwanted sexual advances;
● Offering employment benefits in exchange for sexual favors;
● Making or threatening reprisals after a negative response to sexual advances;
● Visual conduct, e.g., leering, making sexual gestures, displaying sexually suggestive objects or depictions;
● Verbal conduct, e.g., making or using derogatory comments, epithets, slurs and jokes;
● Verbal sexual advances or propositions;
● Verbal abuse of a sexual nature;
● Graphic verbal commentaries about an individual’s body;
● Sexually degrading words used to describe a person; suggestive or obscene letters; notes or invitations;
● Harassment based on gender, such as targeting a person for mistreatment because she is female;
● Physical conduct, such as touching, assault, impeding or blocking movements.
Attorneys handling claims of sexual harassment, discrimination and wrongful termination under California law.
Serving virtually all of California, including Los Angeles, Pasadena, San Francisco, and San Diego areas.
Law Offices of Jason L. Oliver
128 N. Fair Oaks Avenue, Suite 107
Pasadena, California 91103
(626) 797-2777
If you need an attorney or simply want to consult with a lawyer regarding an employment related case of sexual harassment, discrimination, or wrongful termination, please call
Jason Oliver at (626) 797-2777 for a free legal consultation.
Los Angeles Sexual Harassment Attorneys
Discrimination | Wrongful Termination
Retaliation | Whistleblower | Protected Categories
Mandatory Sexual Harassment Training Law
Recent CA Supreme Court Decisions
Sexual Harassment & Employment Law Websites | Links to DUI Related Sites | General Law Links
Sexual Harassment Books, Videos & Software
Directions/Map to Law Offices of Jason Oliver
Pasadena, California Business & Community Resources
Sexual Harassment Attorneys Site Map
Jason L. Oliver
Los Angeles Sexual Harassment Attorneys
Last Updated: January 2007
Disclaimer Notice: Use of this site constitutes your agreement that such viewing is expressly conditioned upon the understanding that this web site is for general informational purposes only, that the information contained at this site does not constitute legal advice, and that the viewing of information contained herein or sending of an e-mail through this site does not create a attorney client relationship, but merely an invitation for a lawyer to contact you. You are advised to immediately seek independent counsel for advice regarding any legal concerns.