Types of Sexual Harassment in California

In order to stop and prevent sexual harassment in the workplace, it’s is first necessary to be familiar with the types of sexual harassment in California. Being able to recognize sexual harassment is the essential first step in pressing charges. If an employee can identify sexual harassment, they are able to take swift action in stopping sexual harassment.

There are two types of sexual harassment: quid pro quo and a hostile work environment. Quid pro quo sexual harassment is offering or demanding sexual acts in exchange for professional favors. A hostile work environment is one where an employee feels consistently unsafe at work as a result of inappropriate conduct because of the employee’s sex or gender.

Quid Pro Quo Sexual Harassment

Quid pro quo is Latin for “this for that.” The name of this type of sexual harassment indicates how someone may demand or request sexual acts from an employee in exchange for a professional benefit. Quid pro quo sexual harassment can create an uncomfortable work environment and can force employees to face unwanted sexual advances and can create an uncomfortable work environment.

Quid pro quo sexual harassment often takes two forms: offering a professional benefit for a sexual favor, or threatening an employee with negative professional consequences if the employee does not comply with sexual demands. An example of professional benefit for sexual favor sexual harassment can look like a supervisor offering a promotion to an employee if the employee performs a sexual act. An example of threatening an employee for a sexual favor can look like a manager threatening to fire an employee if the employee does not perform a sexual act.

As seen in the above examples, quid pro quo sexual harassment can only be committed by people of a higher rank or status than the employee. The harasser has the power to take real professional action against the employee if the employee does not comply with sexual demands.

Quid pro quo sexual harassment can be both explicit or implicit. The harasser may make their demands and intentions against the employee clear, or the harasser may be less upfront about it. Even if the harasser is not directly demanding sexual favors from an employee, if the employee is cornered into unwelcome sexual invitations, the harasser is committing quid pro quo sexual harassment.

How to Prove Quid Pro Quo Sexual Harassment

In order to prove that quid pro quo sexual harassment has taken place, an employee must show that:

they worked for or with the harasser. For example, the employee may be a subordinate or a contractor, someone with a position
below the harasser.
the harasser made inappropriate sexual invitations or other unwelcome sexual conduct toward the employee.
the harasser’s inappropriate behavior threatened the employee’s work environment and made the work environment unsafe.
inappropriate behavior harmed the employee.
the harasser was a major driving force behind the harm toward the employee.

Hostile Work Environment Sexual Harassment

A hostile work environment can be created by excessive and consistent inappropriate behavior. Unwelcome sexual advances, comments, and other actions directed toward an employee’s sex or gender can completely destroy a safe working environment. In order for inappropriate conduct to contribute to a hostile work environment, the conduct must be extreme and consistent.

Unlike quid pro quo sexual harassment, where only superiors can commit it, hostile work environment sexual harassment can be created by anyone. Other employees can make unwelcome comments or advances toward an employee and create a hostile work environment.

Hostile work environment sexual harassment is legally recognized as extreme and consistent inappropriate conduct. The combination of extreme and consistent inappropriate conduct creates an entire atmosphere of hostility and discomfort. Occasional or less serious inappropriate behavior is not legally recognized as hostile work environment sexual harassment.

How to Prove Hostile Work Environment Sexual Harassment

Hostile work environment sexual harassment takes place with unwelcome behavior that occurs frequently and severely. The combination of frequency and severity creates a hostile work environment. In order to prove that hostile work environment sexual harassment has taken place, an employee must show the following to make a case:

Based on Sex
- For harassment to be considered sexual harassment, the inappropriate behavior must demonstrate a connection to the employee’s sex or gender. Otherwise, it would only be considered harassment.
- The employee must demonstrate that the unwelcome behavior was directed toward the employee’s sex or gender. Any inappropriate conduct based on the employee’s sex may be considered sexual harassment.
Severity
- Unwelcome behavior that is particularly inappropriate or extreme may be unlawful. The employee must demonstrate that the behavior was severely inappropriate.
- Mildly inappropriate behavior is likely not unlawful, but it may be unlawful if occurring at a high frequency, as described below.
- Trivial behavior may not be considered sexual harassment.
Frequency
- If inappropriate behavior occurs at a high frequency, it may be considered pervasive and unlawful.
- Even mildly inappropriate behavior may be unlawful if it occurs at a high frequency. If the behavior occurs consistently, then it may be considered pervasive and unlawful.
- Infrequent, occasional, or isolated behavior may not be considered sexual harassment.

FAQs

What are the types of sexual harassment in California?

There are two types of sexual harassment in California: quid pro quo and hostile work environment. Most sexual harassment actions fall into either category and are legally recognized as sexual harassment.

What is the difference between quid pro quo and hostile work environment sexual harassment?

Quid pro quo sexual harassment occurs when a superior offers professional benefits in exchange for sexual favors or threatens an employee with professional consequences if the employee does not comply with sexual demands. On the other hand, hostile work environment sexual harassment is when an employee faces severe and frequent inappropriate behavior that creates an unsafe work environment.

Who can be the instigator of sexual harassment?

Only superiors can instigate quid pro quo sexual harassment, but anyone can instigate hostile work environment sexual harassment. Quid pro quo sexual harassment rests on the threat of professional consequences and power abuse, so only superiors have the power to instigate quid pro quo sexual harassment. On the other hand, anyone can act inappropriately and make unwelcome advances to other employees, creating a hostile work environment.

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If you or a loved one has faced any of these types of sexual harassment in the workplace, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal issue. Get your free consultation with one of our California Workplace Sexual Harassment Attorneys today!