California Legal Team

What is Sexual Harassment?

Both Federal and California courts recognize that Sexual Harassment can occur in two forms, “Quid Pro Quo” Sexual Harassment and “Hostile Environment” Sexual harassment.

Quid Pro Quo Sexual Harassment

Quid Pro Quo Sexual Harassment occurs where an employee is required to engage in sexual conduct in exchange for better employment terms or conditions, which can include pay, vacation, promotions, a better working environment or some other recognizable benefit at work

Hostile Environment Sexual Harassment

“Hostile Environment” sexual harassment is where an employee is subjected to unwanted or unwelcomed sexual 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.  Hostile Environment Sexual Harassment only occurs where the sexual conduct is either severe, continuous or both.  For example, a one time sexual joke by a coworker would not qualify.

Sexual Harassment may still exist even though the conduct does not fit into any of the above categories.  In 1998, the California Supreme Court expanded the definition of Sexual Harassment to include “conduct outside the scope of necessary job performance, conduct presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives.”