The sexual harassment lawyers at Bokhour Law Group, PC are experienced in all forms of sexual harassment and discrimination cases. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment is a form of gender-based discrimination and it is unlawful to be harassed, discriminated against or mistreated in the workplace. Whether you are a man, woman, or transgender, and regardless of your sexual orientation, workplace sexual harassment and sexism is illegal.

There are two types of sexual harassment claims recognized in California.

1. Hostile work environment

A hostile work environment sexual harassment occurs when an employee is subject to unwelcome behaviors such as sexual comments or actions of a sexual nature that create an intimidating, unpleasant, or offensive work atmosphere, and/or unreasonably interferes with his or her job performance. In situations involving sexual harassment as a hostile work environment, an employee or group of employees must prove that the following conditions were met:

• A protected class was subjected to unwelcome harassment
• The harassment was sexual in nature
• The harassment affected a term, condition, or privilege of employment
• The conduct was severe and pervasive
• The employer was or should have been aware of the harassment and did not take necessary remedial action (the employer took no action at all, took insufficient action, or exacerbated the problem)

2. Quid pro quo

Quid pro quo means “this for that.” In this type of sexual harassment, the victim must choose between accepting or submitting to sexual advances and suffering one or more employment-related consequences. For example, California workplace harassment would fall into the quid pro quo category if an employee suffered a pay cut, was denied a promotion or was fired upon the refusal of a date, one or more requests for a sexual favor, or other sexual advances. On the other hand, if an employee received a raise, bonus, or promotion only after fulfilling certain sexual requests, it could also be considered workplace sexual harassment.