Employees can be subjected to sexual harassment outside of work in a variety of forms. The following outlines forms of sexual harassment and how it can occur outside of the workplace.
Sexual harassment outside the workplace can qualify as Quid Pro Quo or Hostile Work Environment.
In Vergara Vs Ewin 2014. Ms. Veragare was a victim of Mr. Ewin’s sexual assault in hotels near the workplace, taxis, and even surrounding streets. If the harassment can be directly tied to the employment relationship, even if the harassment occurred off the work premises and during non-work hours it could still be grounds for a sexual harassment claim.
Forms of Sexual Harassment Outside the Workplace
1. Travel or Outside Events
In 1995 the federal case established the precedent for employees to sue if they experienced sexual harassment outside of the traditional workspace. In the federal appellate court case Tomak vs Seiler Corporation, a female employee accused a client of harassment after a dinner off-site. The court determined that the employer could still be liable for sexual harassment and retaliation under the federal Civil Rights Act. In Vergara v. Ewin in 2014, Ms. Veragare was a victim of Mr. Ewin’s sexual assault in hotels, taxis, and even streets. The judge ruled in favor of Ms. Veragare. If harassment can be directly tied to the employment relationship, even if the harassment occurred off the work premises and during non-work hours it could still be grounds for a sexual harassment claim.
In the case of Parrish v. Sollecito, a female employee was sexually harassed at a funeral. However, after reporting it to her employer no action was taken. Federal Courts found the employer liable for the sexual harassment that took place.
2. Texting, Emailing, or Social Media
Interaction between employees and employers is no longer confined to the physical workspace. Employees and employers can consistently interact with each other through the use of platforms such as Twitter, Instagram, Facebook, etc. In 2010 a case brought by the Equal Employment Opportunity Commission (EEOC) against Fry’s Electronics, the EEOC argued that Fry’s Electronics was liable for the sexual harassment that took place when the store manager texted a sexually explicit image to a female employee and invited her over for a drink. Fry’s ended up paying damages to both the employee and the supervisor. This precedent also applies to mail being received by an employee from a fellow employee or employer.
FAQs
Does the harasser have to be on the clock?
No. Even if the harasser is off the clock the company can still be liable for the sexual harassment. As long as the employment relationship exists, gender-based harassment is illegal.
Related: Third-Party Sexual Harassment in California
Is it considered workplace harassment if the harassment takes place via the internet?
Yes. Even if the harasser is using a social media platform to carry out their inappropriate behavior, they are still liable.
Can I be fired or demoted for filing a sexual harassment case against my employer?
No. Any form of retaliation on the employer’s part can result in significant financial and disciplinary legal action against the employer.
Related: Retaliation for Reporting Sexual Harassment in California
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