Sexual harassment in the workplace laws are clear. In the U.S., it’s illegal to harass an applicant or employee due to that person’s sex. This means a person in the workplace, or someone applying for a job, is protected from: Yet 45% of private, local, or state workplace and 44% of federal employment harassment complaints involve sexual harassment.

There are two types of sexual harassment:

1. Hostile Work Environment – Commends or conduct based on sex make you uncomfortable enough that your work is affected, or you fear or dread going to work. You may also witness sexual harassment and feel uncomfortable.
2. Quid Pro Quo – From the Latin for “This for That,” it’s when you’re propositioned to give a sexual favor in order to benefit with a job, promotion, or other perk.

Sexual harassment isn’t limited to the actions of employees. It also protects workers from actions by clients, shoppers, customers, or vendors. Any of the following qualifies as sexual harassment.

• Offensive comments or jokes based on someone’s gender, such as a man joking about a female co-worker’s bad mood as being related to “that time of the month.” 
• Physical or verbal harassment tied to something sexual in nature, such as a woman being picked on for having large breasts.
• Requests for sexual favors, such as a manager offering a job promotion in exchange for sex.
• Unwanted sexual advances, such as a waiter having their buttocks rubbed by a customer. 

The psychological and emotional impact of sexual harassment is the same no matter where a person works. However, there are differences between a small company and a large corporation. There are also laws to keep in mind.

Surprising Facts Regarding Sexual Harassment in California

In the State of California’s 2024 Civil Rights Department Annual Report, the following statistics were released.

• 11,837 workers received right-to-sue notices for workplace harassment.
• 6,787 workers received right-to-sue notices for sexual harassment (Hostile Environment).
• 2,730 workers received right-to-sue notices for sexual harassment (Quid Pro Quo).

Laws protect workers, but that doesn’t stop harassment. Understanding your rights and what constitutes harassment is essential. 

Differences Between the Federal Government’s and California’s Laws

Per federal law, sexual harassment laws only apply to companies with 15 or more employees. That means a small boutique store with 10 employees would be exempt from federal sexual harassment laws.

California is different. Any company, regardless of size, must comply with federal sexual harassment laws. If you work for a small firm with a total of three employees, sexual harassment laws protect you.

Additionally, a company with five or more employees must provide at least one hour of sexual harassment prevention training to all non-supervisory employees and at least two hours of training to supervisors. This training is required within six months of hiring and every two years afterward.

Finally, is 10% of the workforce speaks a language other than English, sexual harassment discrimination training and posters must be in those other languages. For example, say 10% of the workforce speaks Spanish. Signs must be in both English and Spanish.

Sexual harassment in the workplace takes more forms than you might imagine. The following are all real-life examples of sexual harassment in the workplace lawsuits.

• A California man sued the bank he worked for after his female supervisor made comments of a sexual nature. When he refused to let her stay at his home, her treatment of him changed, and he was no longer invited to company events.
• Female officers for a California police department filed Quid Pro Quo sexual harassment complaints against their deputy chief. One officer stated she feared she’d be fired if she said no, and eventually quit due to the stress.
• A Georgia security guard sued her workplace after her supervisor repeatedly made sexual comments, sexual advances, and threatened her with physical violence when she rejected him.

Don’t Let the “Family” Aspect of Small Businesses Keep You From Asserting Your Rights

When you work for a small, family business, it can be harder to assert your rights. You’re part of a family, so how can you report someone you know so well? It’s also harder if the owners dismiss behavior as “just how he/she is” or “nothing more than a joke.” 

Another aspect is that you’d be betraying the “family” by filing a complaint. You wouldn’t want to hurt the people you know so well and work with every day. You don’t want to bankrupt the owners. Small business owners shouldn’t use excuses like these to shield bad behavior, but it happens. That doesn’t mean you have to agree to be quiet.

A large corporation isn’t better. Sexual harassment is often dismissed quietly through quick settlements and NDAs. California doesn’t allow a company to offer a settlement while requiring an NDA. With the Silenced No More Act in 2022, it’s illegal for an employer to require an NDA in situations involving workplace discrimination or harassment.

Tips for Reporting Sexual Harassment in California

We know how stressful it is for people to go up against their employer or prospective employer. Your rights and well-being are far more important. Follow these tips to report sexual harassment. There’s typically a three-year statute of limitations, so you want to make sure you don’t wait too long.

Document Everything – Capture everything possible in writing. If your boss texts you suggestive comments, take screenshots of those texts. Save a hard copy, save them to the cloud, too. That way, if someone deletes your phone messages, either intentionally or accidentally, you have additional copies.

See if Anyone Witnessed the Behavior – Having a list of witnesses who can back up your harassment complaint helps prove your case.

Follow Company Policy – If your workplace has an employee handbook, follow those rules. This might mean reporting the behavior to your supervisor or HR department. If you don’t feel your report has been taken seriously, you’ll need to move on.

File a Complaint With California’s Civil Rights Department – Before you can file with the CRD, you do need to exhaust other options, such as filing a complaint with your HR department. 

Call an Employment Law Firm – Since California employment law is complex, it’s often best to consult an attorney. They can provide expert guidance on your next steps and whether you even have a valid case. This is particularly helpful when much of an sexual harassment complaint relies on he said/she said accounts or similar situations.

Hold Your Employer or Potential Employer Accountable

If you have witnessed or experienced sexual harassment in the workplace or during a job interview, you do not have to stay silent. Follow the procedures listed in your employee handbook. If that doesn’t help or isn’t possible, contact an attorney specializing in employment law.

Shegerian Conniff fights for our clients. We don’t believe anyone should have to suffer in silence. Your rights are worth fighting for. Reach out to us online to discuss your experience and determine the next steps.