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Labor, Employment & Sexual Harassment Attorneys

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Frequently Asked Questions

• How does the law define Sexual Harassment?
• What is Quid Pro Quo Sexual Harassment?
• What is Hostile Environment Sexual Harassment?
• When does the law hold an employer accountable for the Sexual Harassment of an Employee?
• What happens if I am demoted, fired or disciplined for refusing sexual advances?
• If an employee is Sexually Harassed by a co-worker who is not a supervisor and the employer takes quick action and either transfers or terminates the sexual harasser?
• When an employee is Sexually Harassed or suffers Retaliation, do I need to consult with an attorney before filing complaint with the Equal Employment Opportunity Commission (EEOC) or Department of Fair Employment and Housing (DFEH)?

How does the law define Sexual Harassment?

Under Federal and California law, Sexual Harassment is divided into two categories: “Quid Pro Quo” Sexual Harassment and “Hostile Environment” Sexual harassment.

What is Quid Pro Quo Sexual Harassment?

"Quid Pro Quo" Sexual Harassment exists when the supervisor or employer demands sexual favors or conduct in exchange for employment.

What is Hostile Environment Sexual Harassment?

“Hostile Environment” sexual harassment is where an employee is subjected to unwanted or unwelcomed sexual behavior or conduct in their work environment, which can include touching, sexual assaults, sexual comments, sexual jokes and/or unreasonable displays or distribution of sexual material in the workplace. 

When does the law hold an employer accountable for the Sexual Harassment of an Employee?

The law holds Employers and Supervisors responsible for Sexual Harassment of an employee when the Sexual Harassment is either perpetrated by a Supervisor or if the Sexual Harassment occurs and the Employer knew about the Sexual Harassment and failed to prevent it.

What happens if I am demoted, fired or disciplined for refusing sexual advances?

If an Employer or supervisor takes any adverse action against an employee for the employee’s refusal to submit to the sexual advances or sexual conduct of others in the workplace, the employer is legally responsible. The law calls this “Retaliation”, which is illegal under both State and Federal law.

If an employee is Sexually Harassed by a co-worker who is not a supervisor and the employer takes quick action and either transfers or terminates the sexual harasser?

The employer is only liable for the sexual harassment they fail to prevent that they could have prevented. Therefore, if the sexual harassment was perpetrated by a non-supervisor, the victim must prove that the employer knew that the supervisor was unfit.

When an employee is Sexually Harassed or suffers Retaliation, do I need to consult with an attorney before filing complaint with the Equal Employment Opportunity Commission (EEOC) or Department of Fair Employment and Housing (DFEH)?

The best advice: Contact an attorney first. As you hear on Television in criminal cases, "anything you say, can and will be used against you." Please contact us before you do anything and we would be glad to go over your options with you.