Hostile Environment Sexual Harassment

A hostile work environment can include sexual harassment. Workplace harassment occurs when unwelcome sexual advances, conduct, or offensive comments create a hostile or offensive working environment that interferes with an employee’s ability to perform their job effectively. 

1. Definition: 
   Hostile work environment sexual harassment refers to behavior or actions in the workplace that are sexual in nature and create an intimidating, hostile, or offensive work environment. This can include inappropriate jokes or comments, unwanted sexual advances or touching, requests for sexual favors, or quid pro quo harassment (more on that below).
2. Elements: 
   To constitute a hostile work environment, the sexual harassment must be severe or pervasive enough to create a hostile or abusive work environment for a reasonable person or worker. The conduct can come from supervisors, coworkers, clients, or other individuals in the workplace. Anyone can experience sexual harassment, as well, regardless of sexual orientation, gender, or gender identity.
3. Examples: 
   Examples of harassing conduct that may constitute sexual harassment and contribute to a hostile work environment include:
   • Sexually suggestive comments, jokes, or gestures.
   • Unwanted physical contact, such as touching, hugging, or kissing.
   • Displaying sexually explicit materials or images in the workplace.
   • Making sexual advances or propositions.
   • Using derogatory or offensive language or slurs based on gender.
4. Impact: 
   Hostile environment sexual harassment can have serious consequences for the victim, including emotional distress, anxiety, depression, and difficulty concentrating at work. It can also affect job performance, job satisfaction, and overall well-being. If an employee feels like that have experienced sexually harassing behavior, they should report harassment behavior to their HR department and contact an attorney, if necessary.
5. Legal Protections: 
   Hostile work environment sexual harassment is prohibited under various local, state, and federal law, including Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (FEHA), and other anti-discrimination laws. Employers have a legal obligation to prevent the potential for sexual harassment cases to be filed in the workplace.
6. Employer Responsibilities: 
   Employers are responsible for creating and maintaining a work environment free from harassment and discrimination. This includes implementing policies and procedures for reporting and investigating complaints of sexual harassment, providing training to employees and supervisors, and taking appropriate disciplinary action against harassers.
7. Reporting: 
   Employees who experience quid pro quo harassment, employment discrimination, or any type of workplace harassment should report the offensive behavior to their employer’s human resources department or another designated individual. If an employer fails to address the unwelcome conduct or harassment, or if the harassment continues despite reporting it, the employee may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). An employee can always call the female employment lawyers at La Dama Justicia to help with their harassment case.
8. Legal Remedies: 
   Victims of sexual harassment may be entitled to monetary damages. It’s important to consult with an experienced employment attorney to understand your rights and options if you’ve experienced sexual harassment in the workplace.

Quid Pro Quo vs. Hostile Work Environment

As mentioned above, quid pro quo harassment and hostile work environment harassment are two distinct forms of sexual harassment recognized under employment law and are handled different on a case-by-case basis. 

1. Quid Pro Quo Harassment:
   • Quid pro quo harassment occurs when a person in a position of authority, such as a supervisor or manager, makes unwelcome sexual advances, requests sexual service or favors, and holds employment benefits or losses (like a raise or promotion) over the employee’s head until they perform the sexual conduct.
   • An Example of quid pro quo harassment: a supervisor threatening to fire an employee unless they agree to go on a date, or promising a promotion in exchange for sexual favors.
2. Hostile Work Environment Harassment:
   • Hostile work environment harassment occurs when inappropriate behavior of a sexual nature creates an intimidating, hostile, or offensive work environment, making it difficult for the victim to perform their job effectively.
   • This type of harassment can be demonstrated by anyone in the workplace, including supervisors, coworkers, or even non-employees such as clients or customers.
   • Hostile work environment harassment can be discrimination based as well. It can include verbal or physical conduct, sexually offensive jokes or comments about an employer’s national origin, offensive images or materials that reflect age discrimination, and other behavior that creates a sexually hostile or offensive atmosphere.
   • Unlike quid pro quo harassment, hostile work environment harassment does not necessarily involve the exchange of job benefits or opportunities for sexual compliance.

Is Hostile Environment Harassment Illegal? : FAQ

Is hostile environment harassment illegal? 

According to the Fair Employment and Housing Act (FEHA), it is illegal. 

Is sexual harassment a form of discrimination? 

Sexual harassment is a form of discrimination based on sex/gender (which can include pregnancy, childbirth, or related medical conditions), gender identity, gender expression, or sexual orientation. Individuals of any gender can be the target of sexual harassment.

What qualifies as a hostile work environment? 

If the offensive conduct is so pervasive it hinders the victim’s work performance. Harassment is continued and long lasting.

What creates a hostile work environment? 

When unwelcome conduct, or harassment, is based on race, sex, pregnancy, religion, national origin, age, disability or genetics. Conduct is severe enough that the environment becomes intimidating, offensive or abusive.

When does abusive conduct constitute illegal workplace harassment? 

Harassment becomes unlawful when enduring the offensive conduct becomes part of the job, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

What are some examples of sexual harassment in a hostile work environment? 

See example above.

Gender harassment involves what? 

Making derogatory comments, or behaviors toward a worker based upon their gender or gender identity.

What is the most common type of sexual harassment? 

Gender harassment is typically most common type of sexual harassment. It can include a broad range of verbal and nonverbal behaviors that convey insulting, hostile, and degrading attitudes about members of one gender.