What is illegal sexual harassment in California?

In California, as in most states, sexual harassment is a violation of employment law. California law prohibits sexual harassment of all sorts in job and requires companies to educate managers on the best way to prevent and cope with sexual harassment. Under the California Fair Employment and Housing Act, sexual harassment in employment requires two forms: quid pro quo harassment and hostile work environment harassment.


Quid Pro Quo Harassment.

Quid pro quo harassment occurs when a supervisor, either expressly or implicitly, requires a weak to submit to sexual advances by threatening the poor with adverse employment action, like a bad inspection, demotion, or termination.

Quid pro quo harassment may only be perpetrated by a supervisor, director, or another worker who's in the position to take some tangible job action against the victim. Coworkers who're on an equal footing and who need sexual favors aren't participating in quid pro quo harassment.

Hostile Work Environment Harassment.

The other form of sexual harassment known under California legislation is known as hostile work environment sexual harassment. Unlike quid pro quo harassment, all employees may create a hostile work environment. With this kind of harassment, there doesn't need to be the threat of an adverse job action. Instead, the harasser engages in unwanted behavior, based on sex, which produces a workplace that's toxic. The conduct may be particularly targeted at an individual, however it does not need to be.

Harassment includes any behavior based on sex, which in this context means sex.

In a case in California, the court found that male employees at a construction site created a hostile working environment for female colleagues by throwing instruments at them, concealing their tools, and otherwise penalizing them due to their sex. A male worker who observes another man worker participating in sexually harassing conduct can have his own claim of hostile environment sexual harassment.

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