How to Prove Sexual Harassment in California

Proving Sexual Harassment in California

Sexual harassment is unlawful under both federal and California state law. Here is how to prove sexual harassment in California.

Sexual harassment typically involves inappropriate or unwanted conduct and can be separated into two distinct categories: quid pro quo and a hostile work environment. Based on the type of sexual harassment an individual experiences, they will take different measures to prove sexual harassment in California.

Laws That Penalize Sexual Harassment

Sexual harassment is prohibited under federal law by Title VII of the Civil Rights Act of 1964 and under state law by the Fair Employment and Housing Act Section 12940. Conduct does not need to be motivated by sexual desire in order to be considered sexual harassment. The unwelcomed conduct can be motivated by and based upon a person’s gender identity, sexual orientation, pregnancy, childbirth, or pregnancy-related medical conditions. Sexual harassment occurred if a harasser had a motive to cause emotional distress to an employee and if that employee suffered emotional distress from the inappropriate conduct.

Quid Pro Quo Harassment

Quid Pro Quo Harassment occurs when an individual requests or demands sexual favors in exchange for a workplace benefit. This form of harassment will usually involve unwanted sexual commentaries, advances, or discussions, and may appear in two common forms: as an offer or a threat. An employee may find themselves offered a certain benefit if they submit to a sexual favor or are threatened to submit to a sexual favor for fear of losing a benefit. Quid pro quo harassment may take the form of an employer threatening to fire an employee if they do not perform a sexual act, or offering them a raise if they do.

A supervisor or higher-ranking coworker may have committed unlawful sexual harassment if the a was present, even if the sexual favor was not acted upon. If a higher-ranking coworker hinted or implied that a lower-ranking coworker would be rewarded in exchange for engaging in a sexual favor (or harmed if they did not), an unlawful motive was present; therefore, this scenario would legally be considered sexual harassment.

How to Prove Quid Pro Quo Harassment

Since quid pro quo harassment is a result of a power dynamic in which a higher-ranking employee can harm or reward a lower-ranking employee, a victim must be able to prove that:

Their perpetrator had a form of authoritative power over them. Without this proof, an individual cannot claim to have endured quid pro quo harassment because the perpetrator would not have been able to follow through on their promises or threats.
An action occurred as a result of them refusing to perform the requested sexual act. The action may either be a promotion if, promised or a demotion if threatened.

Without proof of action, finding a perpetrator guilty of quid pro quo harassment may be difficult in court. If an employee does not have any proof of harassment, they can still accuse their perpetrator of engaging in behavior that creates a hostile work environment.

Hostile Work Environment Harassment

Hostile work environment harassment occurs when severe and pervasive conduct leads to an abusive or toxic work environment. If an employee welcomed the conduct or did not suffer emotional distress due to the harassment, they cannot legally be considered victims of hostile work environment harassment.

How to Prove Hostile Work Environment Harassment

To prove hostile work environment harassment, an individual must show that the improper conduct was severe and/or frequent, the conduct was objectively hostile and/or abusive, and the harassment subjectively harmed them. To prove suffering, a victim must typically demonstrate:

that the harassment affected their emotional tranquility in their workplace
the ways in which the harassment affected their ability to perform their job
how the harassment interfered with and/or undermined their sense of well-being
that there is a pattern of harassment

In cases where the conduct was severe, a pattern of harassment does not need to be proven. However, if the comments or actions were mildly offensive, then they must occur over a long period of time in order to constitute hostile work environment harassment.

Common Examples of Sexual Harassment

If an individual experiences any of the following, they can use it as evidence when proving sexual harassment:

Unwanted physical touching
The severity and frequency of the touching will be taken into consideration.
Sexually derogatory comments
Must be severe or pervasive
May target a person based on their gender
Inappropriate propositions
Must be frequent and unwarranted
Favoritism and unequal treatment

FAQS

Is it considered sexual harassment if a coworker continuously asks me out?

If your coworker asks you out to the point where he/she is wearing you down and interfering with your ability to feel comfortable at work, then you can use it as proof of sexual harassment.

How can I sue my boss for sexual harassment?

To sue a boss for sexual harassment, start by filing a complaint with the California Department of Fair Employment and Housing (DFEH) and providing evidence of your claim.

What if I felt offended, but the other person’s motive was not to offend or harm me?

The motive is what matters in sexual harassment cases. If the person did not intend for their comment or action to be interpreted as you did, then it will most likely not be considered sexual harassment.

Contact Her Lawyer

If you or a loved one is seeking to prove workplace sexual harassment in California, get your free consultation with one of our Workplace Sexual Harassment Attorneys in California! We won’t charge you a dime unless you win your case.