Both federal and California law protect against harassment, including sexual, racial, religious, age, disability or other protected characteristics.

Sexual harassment includes:

• Verbal harassment (such as sexual comments, jokes or derogatory remarks)
• Physical harassment (such as unwanted touching)
• Visual harassment (derogatory drawings, lewd gestures or leering)

Sexual harassment is typically divided into two categories: quid pro quo (sexual requests in exchange for, or loss of, tangible job benefits) or hostile work environment.

A quid pro quo claim of sexual harassment requires:

1. The employee was subjected to an unwelcome sexual advance, conduct or comment by the employee's supervisor;
2. The harassment was based on sex; and
3. The employee's response to the alleged harassment affected tangible aspects of the employee's compensation, terms, conditions or privileges of employment.

A claim for hostile work environment harassment requires:

1. The employee was subjected to an unwelcome sexual advance, conduct or comment by the employee's supervisor;
2. The harassment was based on sex; and
3. The harassment was so severe or pervasive as to alter the conditions of the victim’s employment and create an abusive working environment.

A claim for sexual harassment may be based on the conduct of supervisors, co-workers or non-employees (such as the employer’s clients or customers.)

In determining whether the alleged hostile work environment was sufficiently severe or pervasive, the court considers (1) the nature and severity of the conduct, (2) frequency of the conduct, and (3) the circumstances under which it occurred.     

Unless a "tangible employment action" is taken against the employee, an employer may defend on the ground (1) the employer exercised reasonable care to prevent and correct the alleged harassment, (2) the employee unreasonably failed to take advantage of the preventive or corrective opportunities provided by the employer, and (3) a reasonable use of the employer’s procedures would have prevented at least some of the harm the employee suffered.

The information you obtain on this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.