Recognizing Workplace Harassment
How to identify sexual harassment in the workplace and steps to protect yourself.
Workplace harassment, particularly sexual harassment, remains a serious problem in California workplaces. Despite strong legal protections, many employees experience harassment but don't recognize it as illegal conduct or don't know how to address it effectively.
Understanding what constitutes harassment, recognizing the warning signs, and knowing your rights under California law is crucial for protecting yourself and creating safer workplaces for everyone. This guide will help you identify harassment, understand your legal protections, and take appropriate action.
Workplace Harassment Statistics
Source: Equal Employment Opportunity Commission studies
What You'll Learn
What is Workplace Harassment?
Under California's Fair Employment and Housing Act (FEHA), workplace harassment is unwelcome conduct based on protected characteristics that creates an intimidating, hostile, or offensive work environment or results in an adverse employment action.
Key Elements of Harassment
- Unwelcome conduct: The behavior is not wanted or invited by the recipient
- Based on protected characteristics: Related to sex, race, religion, age, disability, etc.
- Severe or pervasive: Either serious enough or frequent enough to alter work conditions
- Creates hostile environment: Makes the workplace intimidating, hostile, or offensive
Protected Characteristics Under FEHA
Harassment is illegal when it's based on any of these protected characteristics:
- • Sex/Gender
- • Race/Ethnicity
- • Religion/Creed
- • National Origin
- • Age (40+)
- • Disability
- • Sexual Orientation
- • Gender Identity/Expression
- • Pregnancy/Childbirth
- • Medical Condition
- • Genetic Information
- • Marital Status
- • Military/Veteran Status
- • Political Activities
Important Note
While this article focuses on sexual harassment (the most common form), harassment based on any protected characteristic is illegal and subject to the same legal protections and remedies.
Types of Sexual Harassment
Sexual harassment generally falls into two main categories, though they can overlap and both are equally illegal under California law.
1. Quid Pro Quo Harassment
Latin for "this for that" - occurs when employment decisions are based on submission to or rejection of sexual conduct.
Examples include:
- • "Sleep with me or you're fired"
- • Promising promotion in exchange for sexual favors
- • Threatening demotion for refusing sexual advances
- • Conditioning job benefits on sexual compliance
- • Punishing an employee for rejecting sexual advances
Key Point:
Even one instance of quid pro quo harassment can be illegal. You don't need to show a pattern of behavior.
2. Hostile Work Environment
Occurs when unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment that interferes with work performance.
Examples include:
- • Repeated sexual comments or jokes
- • Unwanted touching or physical contact
- • Sexual gestures or suggestive looks
- • Displaying sexual images or materials
- • Making sexual sounds or noises
- • Asking personal questions about sex life
- • Spreading sexual rumors about coworkers
Key Point:
Hostile environment harassment typically requires a pattern of behavior, but severe single incidents can also create liability.
Recognizing the Warning Signs
Sexual harassment can be subtle or overt, verbal or physical, and may escalate over time. Here are common warning signs to watch for:
Verbal Harassment
Direct Comments
- • Sexual propositions or invitations
- • Comments about body parts or appearance
- • Sexual jokes or innuendos
- • Graphic descriptions of sexual acts
Indirect Comments
- • Questions about sex life or relationships
- • Comments about sexual orientation
- • Sexual rumors or gossip
- • "Compliments" with sexual undertones
Physical Harassment
Unwanted Touching
- • Hugging, kissing, or touching
- • Rubbing against someone
- • Touching clothing or personal items
- • Blocking someone's path
Physical Gestures
- • Sexual gestures or signals
- • Following or stalking
- • Standing too close
- • Staring or leering
Visual Harassment
Images and Materials
- • Sexual photos or drawings
- • Pornographic materials
- • Sexual cartoons or memes
- • Suggestive calendars or posters
Digital Harassment
- • Sexual emails or messages
- • Inappropriate social media contact
- • Sexting or explicit photos
- • Sexual screensavers or backgrounds
⚠️ Trust Your Instincts
If behavior makes you uncomfortable, affects your work performance, or creates anxiety about going to work, it may be harassment. You don't need to prove intent—what matters is the impact on you and whether a reasonable person would find the conduct unwelcome.
Who Can Be a Harasser?
Under California law, harassment can come from anyone in the workplace, and employers can be held liable regardless of the harasser's position or relationship to the victim.
Workplace Harassers
- • Supervisors and managers
- • Coworkers and peers
- • Subordinates
- • HR personnel
- • Company executives
- • Temporary workers
Third-Party Harassers
- • Customers and clients
- • Vendors and suppliers
- • Contractors and consultants
- • Delivery personnel
- • Service providers
- • Visitors to the workplace
Employer Liability Standards
California law holds employers to different standards depending on who the harasser is:
Supervisor Harassment
Strict Liability: Employers are automatically liable for harassment by supervisors, managers, or anyone with authority over the victim.
This includes anyone who can hire, fire, promote, demote, or significantly affect working conditions.
Coworker Harassment
Knew or Should Have Known: Employers are liable if they knew or should have known about the harassment and failed to take immediate corrective action.
This includes situations where harassment was obvious or reported to management.
Third-Party Harassment
Control and Response: Employers must take reasonable steps to prevent and correct harassment by non-employees when they have control over the situation.
This often applies to harassment by customers, clients, or vendors in the workplace.
Legal Standards in California
California has some of the strongest anti-harassment laws in the country, with standards that are more employee-friendly than federal law.
California vs. Federal Standards
California (FEHA)
- • Applies to employers with 5+ employees
- • Single severe incident can be actionable
- • Broader definition of harassment
- • Stronger remedies and damages
Federal (Title VII)
- • Applies to employers with 15+ employees
- • Requires severe or pervasive conduct
- • Narrower definition of harassment
- • Limited damages available
What Makes Harassment "Actionable"?
Under California law, harassment is actionable when it meets these criteria:
Unwelcome Conduct
The victim did not invite, encourage, or welcome the behavior. Participation doesn't always mean conduct was welcome.
Based on Protected Characteristic
The harassment must be motivated by or related to a protected characteristic like sex, race, religion, etc.
Severe or Pervasive
Either one severe incident or a pattern of pervasive conduct that alters the conditions of employment.
Objective and Subjective Impact
The conduct would be offensive to a reasonable person and was actually offensive to the victim.
✅ California's Lower Threshold
California courts have held that harassment need not be severe or pervasive if it unreasonably interferes with work performance or creates an intimidating work environment. Even isolated incidents can be actionable if severe enough.
How to Document Harassment
Proper documentation is crucial for building a strong harassment case. Start documenting incidents as soon as they occur, even if you're not sure whether to report them.
What to Document
Incident Details
- • Date and time
- • Location of incident
- • What was said or done
- • Your response
- • How it made you feel
People Involved
- • Name of harasser
- • Witnesses present
- • Anyone you told about it
- • Job titles and relationships
- • Contact information
Documentation Methods
Written Records
- • Keep a detailed journal or diary
- • Write down incidents immediately
- • Save emails and text messages
- • Keep copies of any written complaints
- • Document your work performance
Physical Evidence
- • Screenshots of messages or images
- • Photos of inappropriate materials
- • Audio recordings (where legal)
- • Printed copies of digital evidence
- • Medical records (if applicable)
⚠️ Documentation Tips
- • Write in your own words, be specific and factual
- • Don't editorialized or speculate about motives
- • Keep records at home, not at work
- • Back up digital evidence in multiple places
- • Consider having a trusted friend witness your documentation
✅ Sample Documentation Entry
Date: March 15, 2024, 2:30 PM
Location: Copy room, 3rd floor
Incident: Manager John Smith approached me from behind and put his hand on my shoulder while I was making copies. He said "You look really good in that dress" and squeezed my shoulder. I stepped away and said "Please don't touch me." He laughed and said "Don't be so uptight."
Witnesses: Sarah Johnson was in the hallway and may have heard
Impact: Made me very uncomfortable, felt violated, had trouble concentrating for the rest of the day.
Reporting Harassment
Deciding whether and how to report harassment is a personal decision with important legal implications. Understanding your options can help you make the best choice for your situation.
Internal Reporting Options
Direct Supervisor
- • Often the first line of response
- • May resolve issues quickly
- • Not appropriate if supervisor is the harasser
Human Resources
- • Trained to handle harassment complaints
- • Can investigate and take corrective action
- • May have established procedures
Upper Management
- • When supervisor or HR is involved
- • Has authority to take significant action
- • May be required by company policy
Ethics Hotline
- • Anonymous reporting option
- • Independent investigation
- • Available 24/7 in many companies
External Reporting Options
California Department of Fair Employment and Housing (DFEH)
- • File complaint within 3 years of last incident
- • Free investigation and mediation services
- • Required before filing lawsuit in most cases
- • Can result in monetary settlements
Equal Employment Opportunity Commission (EEOC)
- • File complaint within 300 days (California)
- • Federal agency investigation
- • Can lead to federal lawsuit
- • Automatic cross-filing with DFEH
Making an Effective Report
- • Be specific about dates, times, and locations
- • Describe exactly what was said or done
- • Identify witnesses and evidence
- • Explain how the harassment affected you
- • Request specific corrective action
- • Keep copies of all reports and responses
Protection from Retaliation
One of the biggest fears employees have about reporting harassment is retaliation. California law provides strong protections against retaliation for reporting harassment or participating in investigations.
Protected Activities
You're protected from retaliation for:
- • Filing harassment complaints internally or externally
- • Participating in harassment investigations
- • Testifying in harassment proceedings
- • Supporting other employees' harassment complaints
- • Refusing to participate in harassment
- • Opposing discriminatory practices
Forms of Retaliation
Retaliation can be obvious or subtle. Common forms include:
Direct Retaliation
- • Termination or demotion
- • Reduction in pay or hours
- • Denial of promotion
- • Transfer to less desirable position
- • Suspension or discipline
Subtle Retaliation
- • Social isolation or shunning
- • Increased scrutiny or criticism
- • Exclusion from meetings or projects
- • Negative performance reviews
- • Hostile work environment
✅ Strong Legal Remedies
California provides powerful remedies for retaliation, including:
- • Reinstatement to your position
- • Back pay and benefits
- • Emotional distress damages
- • Punitive damages
- • Attorney's fees
Taking Action Against Harassment
Workplace harassment is illegal and no one should have to endure it. If you're experiencing harassment, remember that you have rights and legal protections under California law. Don't suffer in silence—there are resources and remedies available to help you.
Every situation is unique, and the best course of action depends on your specific circumstances. Consider consulting with an experienced employment attorney who can help you understand your options and protect your rights throughout the process.
Remember, by taking action against harassment, you're not only protecting yourself but also helping to create safer workplaces for everyone. Your courage in speaking up can make a difference.
Related Resources
Related Articles
- Protected Classes Under California Law
Understanding all forms of workplace discrimination
- Understanding Wrongful Termination in California
What to do if you're fired for reporting harassment
- California Wage & Hour Laws: What You Need to Know
When harassment affects your pay or working conditions
Frequently Asked Questions
- How do I report sexual harassment at work?
Steps to report harassment internally and externally
- What constitutes a hostile work environment?
Legal definition and examples
- What is quid pro quo sexual harassment?
Understanding "this for that" harassment
- Can customers or clients sexually harass me?
Employer liability for third-party harassment
Experiencing Workplace Harassment?
Don't let harassment continue. Get confidential legal advice about your rights and options under California law.