SEXUAL HARASSMENT ATTORNEY IN ORANGE, CALIFORNIA

In California, it is an unlawful employment practice for an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent sexual discrimination and harassment from occurring. The prohibition against sexual harassment includes protection from a broad range of conduct, ranging from expressly or impliedly conditioning employment benefits on submission to or tolerance of unwelcome sexual advances, to the creation of a work environment that is hostile or abusive on the basis of sex. The prohibition against discrimination/harassment in employment because of sex is intended to guarantee that members of both sexes will enjoy equal employment benefits.

A cause of action for quid pro quo harassment involves the behavior most commonly regarded as sexual harassment, including, e.g., sexual propositions, unwarranted graphic discussion of sexual acts, and commentary on the employee’s body and the sexual uses to which it could be put. To state a cause of action on this theory, it is sufficient to allege that a term of employment was expressly or impliedly conditioned upon acceptance of a supervisor’s unwelcome sexual advances. The typical scenario tends to involve someone in a supervisory/managerial role who initiates (or tries to) a sexual relationship with a subordinate. While the threat of termination or demotion is not often expressly made, harassers usually make it clear to their victims that continued employment or advancement hinge on consent to a sexual relationship. Harassers (knowing their true intent and trying to conceal the coercive nature of the “relationship”) will often shower the victim with gifts, cards, letters, etc., to make the relationship seem more “normal” or consensual. Harassers often look for some way to get their victims to at least appear consenting.

In addition to quid pro quo harassment, California law (and federal law for that matter) prohibit the creation or maintenance of a hostile work environment. An employer and/or workers may be liable for creating a “hostile work” environment, subjecting their victims to an uncomfortable and perhaps unsafe workplace. For such sexual harassment to be actionable, the offensive actions must be sufficiently severe or pervasive ”to alter the conditions of the victim’s employment and create an abusive working environment.” The range of prohibited activity is quite broad and can include constant flirtations, exposure to sexually offensive media (photographs, websites, etc.), sexual banter and the list goes on and on. Like the quid pro quo harassers, those creating a hostile work environment will often make every effort to make the offensive conduct seem as though it was nothing more than consensual horseplay. Victims are quite frequently left with no choice but to “play along” or run the risk of being fired or demoted, particularly where they are already in a precarious position (such as a new hire, etc.).