Refusing unwanted sexual advances at work should never jeopardize an employee’s job, safety, or dignity. Unfortunately, many employees who say “no” to a supervisor, coworker, or client experience retaliation, intimidation, or humiliation as a result.
Employees are protected under both California and federal law and are not required to tolerate any form of harassment or retaliation in the workplace.
Understanding Sexual Harassment Under California Law
In California, sexual harassment is explicitly prohibited under the Fair Employment and Housing Act (FEHA) which defines sexual harassment as unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature.
Harassment does not need to involve physical contact to be considered unlawful. Comments, text messages, jokes, or threats may also constitute harassment if they create a hostile or intimidating work environment. The most important consideration is that the conduct is unwelcome and tied to a protected characteristic, such as sex or gender.
What is “Quid Pro Quo” Harassment?
One of the clearest forms of workplace harassment, called quid pro quo harassment, is when someone in a position of power offers job benefits (like a raise, promotion, or continued employment) in exchange for sexual favors, or threatens negative consequences for saying no. Under California Government Code §12940, pro quo harassment is illegal and both the harasser and the employer can be held liable.
Common examples of quid pro quo harassment include situations where a manager implies that an employee’s career advancement depends on being “friendly” after hours, or where a supervisor cuts an employee’s hours or gives a poor performance review after the employee rejects an advance.
Retaliation for Refusing Sexual Advances Is Also Illegal
Even after the harassment stops, retaliation can follow. A supervisor may suddenly exclude an employee from meetings, coworkers may become distant, or the employee’s workload may increase significantly overnight.
These are all classic signs of retaliation and they violate state and federal laws, such as the FEHA and Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to retaliate against employees for:
- Refusing sexual advances.
- Reporting or complaining about harassment.
- Participating in an internal or government investigation.
In some of the most common scenarios, retaliation can include firing, demotion, denial of promotion, reduced hours, or creating a hostile environment that forces employees to quit. In California, the state treats retaliation just as seriously as the harassment itself.
The Emotional Toll of Standing Up for Yourself
The #MeToo movement revealed the painful reality that speaking out against sexual harassment often comes at a personal cost. Employees who reject sexual advances are frequently gaslighted or silenced, told that they are “overreacting,” “hurting the team,” or “risking their career.”
Despite potential pushback, it is important for employees to understand that their boundaries are valid. Every employee has the right to work in an environment free from humiliation, coercion, or retaliation. Seeking help is not shameful, but rather an act of self-preservation and courage.
What Should Employees Do If They’re Harassed?
If employees are facing sexual advances or retaliation at work, here’s how they should protect themselves:
- Document everything – Keep detailed notes of every incident, from dates, times, names, to what was said or done.
- Report internally – File a formal complaint with HR or a supervisor (unless HR is the harasser).
- Consult an employment attorney – A skilled employment lawyer can help you understand your rights, collect evidence, and ensure their employer is held accountable.
Under California’s FEHA, employees have up to three years from the date of the last incident of harassment or retaliation to file a complaint, but acting quickly is always advisable to preserve evidence and rights.
Legal Protections Exist for Employees
California’s employment laws are designed to empower survivors to speak up. When employees refuse unwanted sexual advances, they are exercising their legal right to bodily autonomy and workplace respect. If an employer retaliates or punishes an employee for asserting those rights, it is not “just how the industry works.” It is against the law.
Lawyers for Justice, P.C. stands with those who have been silenced, harassed, or retaliated against. The firm’s team of attorneys have helped countless employees who bravely refused to be intimidated.
Take the first step to reclaim your rights today by calling 818-JUSTICE or by filling out the online contact form for a free consultation.