Terms like “hostile work environment” and “Sexual Harassment” are often thrown around on television or even in conversations with friends. However, these terms are commonly misunderstood or misattributed. Our San Francisco sexual harassment lawyer at The Armstrong Law Firm understands that an accurate understanding is essential to helping victims identify what is happening and seek the advocacy they deserve. So, what is hostile work environment sexual harassment?
Understanding a Hostile Work Environment Sexual Harassment
Hostile work environment sexual harassment refers to unwanted comments or behavior based on sex that interferes with your work performance to an unreasonable degree. This may include creating an intimidating, hostile, or offensive work environment, according to the California Civil Rights Department.
This behavior must be severe or pervasive. Only one instance of sexual harassment may be enough to meet the required severe or pervasive level for sexual harassment. .
How is Hostile Environment Sexual Harassment Different From Quid Pro Quo?
Hostile environment sexual harassment is considered separate from quid pro quo harassment. Quid pro quo sexual harassment is often perpetrated by a superior who has influence and requires the offer of some kind of professional benefit in exchange for your submission to their advances. While they may be separately categorized, it should be acknowledged that ongoing and unwelcome ‘offers’ that may be quid pro quo may begin to similarly to hostile work environment harassment.
Hostile Work Environment Sexual Harassment in Practice
We’re all familiar with sexual harassment in its most glaring form when someone makes really overt sexual comments to another or touches them inappropriately. However, sexual harassment in practice can be more subtle. Examples of behaviors that may be considered sexual harassment include:
- Leering
- making sexual gestures, or displaying sexually suggestive objects or images
- Derogatory or sexual comments, epithets, or slurs.
- Verbal abuse that may be sexual, or making graphic sexual comments about another individual
You are not required to be the focus of this behavior to be a victim of sexual harassment. All California employees and workers have the right to a workplace where they do not experience or witness abuse.
Reporting Hostile Work Environment Sexual Harassment
It can be intimidating to report sexual harassment in the workplace, regardless of the context. Society has created a negative image of those who report abuse, and blaming the victim is still, unfortunately, common. However, you have several options to report sexual harassment and any retaliation you may face.
At the state level, the California Civil Rights Department (CRD) receives complaints of harassment. The CRD offers several options for filing a complaint, including online, by mail, and by email. When you submit your complaint, a CRD representative will review and determine whether to open an investigation.
You may also have the option to file a complaint through the Equal Employment Opportunity Commission (EEOC). According to the EEOC page on sexual harassment and filing a charge, you may face a time limit of 45 to 180 days, depending on your employer.
If you have concerns regarding your rights as a California employee, you may benefit from contacting an employment law firm at any time. While the regulatory agencies may offer a degree of accountability through sanctions, an attorney may be able to help you recover monetary compensation for what you endured. It is recommended that you contact an attorney to guide you through the sexual harassment process with your employer and legal to best represent your interests.