Harassment
What is Quid Pro Quo Harassment?
Quid pro quo harassment is a serious issue that creates environments where power dynamics are manipulated to exploit employees. This type of harassment occurs when someone in a position of authority, such as a supervisor or manager, uses their position to make unwanted sexual advances for employment rewards or to avoid punishment.
California Laws Against Harassment at Work
California Constitution Article 1, Section 8
The California Constitution protects against harassment at work, by both public and private employers, on the basis of sex, race, creed, color, and national and ethnic origin.
Harassment – What Damages May an Employee Be Able to Recover?
An employee who is subjected to unlawful harassment is entitled to recover damages under California law. Damages can include economic damages, emotional distress damages, and in certain circumstances, punitive damages.
Sexual Harassment – Hostile Work Environment Harassment
The California Supreme Court has defined “harassment” as “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.”
Sexual Harassment – Quid Pro Quo Harassment
Sexual harassment can take the form of an economic “quid pro quo,” that is where an employee’s engagement or non-engagement in sexual behavior is linked to the granting or denial of a tangible job benefit.
Best Practices: What Should an Employee Do if They Believe They Are Being Harassed?
Under California law, it is illegal for an employee to be harassed because of their race, religion, color, national origin, disability, sex, gender expression, age, sexual orientation, and/or military/veteran status.
Sexual Harassment: What Does the Requirement of Severe or Pervasive Harassing Conduct Mean?
To establish a claim for hostile environment sexual harassment, an employee must establish the following:
What To Do To Pursue A Sexual Harassment Lawsuit
Contact an Experienced Sexual Harassment Attorney Immediately
The first thing that an individual should do if they believe they have been sexually harassed at work is to contact an employment attorney experienced in pursuing sexual harassment claims.
Who Is Liable When an Employee is Harassed at Work?
When an employee is unlawfully harassed at work, the harasser is personally liable for their unlawful conduct and the harasser’s employer may also be liable for the harasser’s conduct.
Sexual Orientation Harassment: What to Know
Harassment based on an employee’s sexual orientation violates California law.