Sexual harassment does not always involve explicit comments or physical contact. In California, repeated leering, staring, or sexually suggestive looks can rise to the level of unlawful sexual harassment when it creates an intimidating, hostile, or offensive work environment. Employees should not be forced to tolerate degrading behavior simply because it is nonverbal or subtle. Our employment attorneys in LA County await your call.
What Is Sexual Harassment by Leering and Staring?
Leering and staring refer to prolonged, unwanted, or sexually suggestive looks directed at an employee. This behavior may include staring at someone’s body, following them with one’s eyes, or making them feel watched or objectified in the workplace. While a single glance is not harassment, repeated conduct that is unwelcome and sexual in nature may violate California law.
Under the Fair Employment and Housing Act (FEHA), sexual harassment includes not only verbal or physical conduct, but also visual conduct of a sexual nature. Government Code §12940(j) prohibits harassment based on sex, gender, gender identity, gender expression, or sexual orientation. Harassment can be unlawful even when no words are spoken.
When Does Leering and Staring Become Illegal?
Leering or staring becomes unlawful sexual harassment when it is:
- Unwelcome: The behavior is not invited or encouraged by the employee.
- Sexual in nature: The conduct is motivated by sex or targets the employee’s body or appearance.
- Severe or pervasive: The behavior happens repeatedly or is so extreme that it alters the conditions of employment.
California law does not require physical contact or explicit propositions. Courts and agencies evaluate the totality of the circumstances, including frequency, duration, and the effect on the employee’s ability to work.
Who Can Be Held Responsible?
Employers may be held liable for sexual harassment committed by:
- Supervisors or managers.
- Coworkers.
- Third parties such as customers, clients, or vendors.
Harassment by supervisors often creates automatic employer liability. For harassment by coworkers or third parties, employers can still be liable if they knew or should have known about the conduct and failed to take immediate and appropriate corrective action.
What to Do If You Experience Harassment by Leering or Staring
Employees who experience this type of harassment should take steps to protect themselves, including:
- Documenting incidents with dates, times, locations, and witnesses.
- Saving any related communications or reports.
- Reporting the conduct to a supervisor, human resources, or another designated contact if safe to do so.
You are not required to tolerate ongoing harassment, and reporting in good faith is protected activity under California law.
How a Lawyer Can Help With Sexual Harassment Claims
Sexual harassment cases involving leering and staring often require careful evidence development because the conduct may be dismissed or minimized by employers. A Los Angeles sexual harassment lawyer can help by:
- Evaluating whether the conduct meets the legal standard for workplace harassment in Los Angeles.
- Gathering witness statements and supporting documentation.
- Establishing employer knowledge and failure to act.
- Filing claims with the California Civil Rights Department (CRD).
- Pursuing compensation for emotional distress, lost wages, and other damages.
Legal representation also helps protect employees from retaliation for reporting harassment.
Contact Our Sexual Harassment Attorney in Los Angeles, CA
Contact Yadegar, Minoofar, & Soleymani LLP by calling (310) 499-0140 or messaging us online to schedule a free and confidential consultation. An experienced employment law attorney can review your situation, explain your rights, and help you take appropriate steps to protect yourself and your workplace.