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EMPLOYMENT LAW BULLETIN
Vol. 07, No. 3
Courtesy of ESKRIDGE LAW
SEXUAL HARASSMENT
Harassment is conduct which is considered outside the scope of necessary job performance. Basically, harassment is conduct which is presumably engaged in for improper personal motives. Sexual harassment is simply harassment of a sexual nature. The two basic types are:
- Where an employee is subjected to sexual conduct which is linked to the grant or denial of job benefits (e.g. extorting sexual favors); and
- Where the sexual harassment has the effect of creating a hostile work environment.
Anyone can be a victim of sexual harassment regardless of gender or sexual orientation. A victim of sexual harassment may be entitled to damages even if they have not suffered any actual loss.
Examples of Sexual Harassment
- An unwelcome sexual comment or advance regardless of whether such conduct was previously accepted.
- Physical touching or blocking a person's movements.
- Displaying sexually suggestive objects including cartoons, calendars, or posters.
- Sexually degrading words used to describe an individual or graphic comments regarding a person's body.
- Sexual jokes or innuendos (whether spoken, mailed, or posted).
- Comments or speculation regarding an individual's sexual orientation.
- Leering or making sexual gestures.
Employer Obligations
Under California law an employer is obligated to do the following:
- Take reasonable steps to prevent harassment from occurring. If harassment does occur, the employer must take action to prevent any further harassment and correct any effect of the harassment.
- Have a sexual harassment prevention policy, including proper procedures for employees to make complaints and for the employer to investigate complaints.
- Post the Department of Fair Employment and Housing (DFEH) employment poster in the workplace.
- Distribute an information sheet on sexual harassment to all employees. [Employers can obtain a DFEH prepared pamphlet (DFEH 185), which meets this requirement, from www.dfeh.ca.gov.]
- Have a program to make employees and supervisors aware of the seriousness of violations of the sexual harassment policy. [The law requires a program to eliminate sexual harassment from the workplace.]
Liability
All employers can be held liable, regardless of the number of employees. Employers are generally liable for any harassment by a supervisor or agent. Additionally, employers may be liable if they do not take all reasonable steps to prevent harassment. An employer can also be held liable if it knows or has reason to know of sexual harassment by a non-employee (e.g. client or customer) toward an employee, applicant, or another individual providing services to the employer.
ESKRIDGE LAW may be contacted by phone (310/303-3951), by fax (310/303-3952), or by e-mail (geskridge@eskridgelaw.net.) Please visit our website at www.eskridgelaw.net or www.employmentattorneys.net.
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