Sexual misconduct in the workplace can take many forms, and the terms sexual harassment and sexual assault are often used interchangeably. However, under California law, they have distinct legal meanings and consequences. For more information, contact our Los Angeles sexual harassment lawyers today.
What Is Sexual Harassment?
Sexual harassment is a form of discrimination prohibited under California’s Fair Employment and Housing Act (FEHA). There are two main types recognized in California:
- Quid Pro Quo Harassment: This happens when a supervisor or someone in authority demands sexual favors in exchange for promotions, raises, or continued employment.
- Hostile Work Environment: This involves repeated or severe unwanted sexual behavior that interferes with an employee’s ability to work. Examples include lewd jokes, suggestive comments, inappropriate touching, or sharing explicit content.
Sexual harassment can be verbal, visual, or physical. It does not need to involve physical contact to be unlawful. Anyone in the workplace—supervisors, coworkers, clients, or vendors—can commit harassment. Our harassment attorney in Los Angeles, CA can help guide you through the legal process.
What Is Sexual Assault?
Sexual assault, on the other hand, involves physical contact without consent and is considered a crime under California’s Penal Code. It includes actions such as unwanted touching, groping, fondling, or forced sexual acts. Harassment is a civil rights violation handled through administrative complaints or civil lawsuits. Victims of sexual assault can press criminal charges against the offender and may also file a civil lawsuit seeking compensation for physical and emotional harm.
When Sexual Harassment and Sexual Assault Overlap
In many situations, sexual harassment and sexual assault overlap. For example, an employee who is touched inappropriately or assaulted by a supervisor experiences both a hostile work environment and a criminal act. In these cases, victims may pursue both civil and criminal actions. A workplace sexual harassment claim can address the employer’s failure to prevent or correct the misconduct, while a separate assault case focuses on the criminal act itself. Employers can be held liable if they knew, or should have known, about the conduct and failed to act.
Employer Responsibilities in California
California law requires employers to take immediate and appropriate action when they learn about potential sexual harassment or assault in the workplace. Employers must:
- Maintain a written anti-harassment policy.
- Provide regular harassment prevention training to employees and supervisors.
- Investigate complaints promptly and thoroughly.
- Protect employees from retaliation for reporting misconduct.
Failing to follow these obligations can expose an employer to significant civil penalties and damages.
What Victims Can Do
If you have experienced sexual harassment or sexual assault at work, you have several options:
- Report the conduct internally to HR or management as soon as possible.
- Document every incident, including dates, witnesses, and communications.
- File a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Consult a California sexual harassment attorney to discuss your rights and possible legal claims.
Victims of sexual assault should also contact law enforcement immediately to report the crime and seek medical care if needed.
Protecting Your Rights and Recovery
Both sexual harassment and sexual assault are serious violations that can have lasting emotional and professional effects. No one should feel unsafe or disrespected at work. If you have experienced sexual harassment or sexual assault in a California workplace, reach out to an experienced employment law attorney in LA County. They can help you understand your rights, take legal action, and pursue justice while ensuring your privacy and dignity remain protected.