Sexual Harassment, Sexual Assault and Sexual Battery in the Workplace

Workplace harassment on the basis of sex is prohibited California and US law. Sexual harassment occurs when someone engages in unwelcome conduct in the workplace that creates an environment that is hostile, intimidating or offensive and which is consistent and persuasive. For example, a co-worker or supervisor may say or do things that make an employee feel uncomfortable and/or offended. Also, an employee may be subjected to touching, non consensual physical contact or physical intimation that negatively affects their job performance.

As a victim of sexual harassment, an employee may feel a whole range of emotions such as stress, frustration, powerlessness, hopelessness, anger, anxiety, depression, and loss of self-esteem. An employee may decide not to show up to work because of anxiety or depression as a result of the sexual harassment.

Employees are often reluctant to report sexual harassment, sexual assault or sexual battery due to fear of being retaliated against or fired. It is illegal to retaliate against an employee for reporting unlawful sexual harassment, sexual assault or sexual battery. California employers have an obligation to stop harassment in the workplace.  California employers who become aware of a harassment problem must conduct an immediate and thorough investigation, as well as take appropriate steps to correct the problem.