Find attorneys and lawyers in California who
specialize in sexual harassment cases
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Sexual harassment is a form of sex
discrimination that violates 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 intimidating, hostile or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including
but not limited to the following:
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The victim as well as the harasser may be a woman or a man. The
victim does not have to be of the opposite sex.
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The harasser can be the victim's supervisor, an agent of the
employer, a supervisor in another area, a co-worker, or a
non-employee.
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The victim does not have to be the person harassed but could be
anyone affected by the offensive conduct.
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Unlawful sexual harassment may occur without economic injury to or
discharge of the victim.
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The harasser's conduct must be unwelcome.
It is helpful for the victim to directly inform the harasser that
the conduct is unwelcome and must stop. The victim should use any
employer complaint mechanism or grievance system available.
When investigating allegations of sexual harassment, EEOC looks at
the whole record: 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.
Prevention is the best tool to eliminate sexual harassment in the
workplace. Employers are encouraged to take steps necessary to
prevent sexual harassment from occurring. They should clearly
communicate to employees that sexual harassment will not be
tolerated. They can do so by establishing an effective complaint or
grievance process and taking immediate and appropriate action when
an employee complains.
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