Victims of sexual harassment typically feel humiliated as a result of the oppressive experience of being harassed in the workplace. A normal response is for victims to feel depressed, angry and powerless. Under the emotional strain of sexual harassment, it is difficult to assess the situation and to respond appropriately and assertively. This book is  Read More …

I. Overview Sexual harassment can happen anywhere, but this book is focused on sexual harassment in the workplace. Sexual harassment in the workplace is prohibited by federal and California statutes. Sexual discrimination is also prohibited by statutes and in this chapter we explore the difference between sexual harassment and sexual discrimination. We also give general  Read More …

I.  Introduction In this chapter we describe and give examples of both quid pro quo sexual harassment and hostile work environment sexual harassment.  Quid pro quo sexual harassment generally involves a person in power pressuring an employee for sexual favors in exchange for advancement in the workplace or under the threat of adverse employment action.   Read More …

I.  Introduction Although sexual harassment in the workplace can be considered a form of gender discrimination, in this chapter we refer to gender discrimination as an offense distinct from quid pro quo sexual harassment and hostile work environment harassment.  As used here, gender discrimination refers to discrimination by management in personnel decisions based on an  Read More …

I.  Introduction This chapter reviews both the legal and mental health care steps that a victim of sexual harassment should consider.  The steps of telling the harasser to stop and reporting the incident to management are connected to the issue of proving that the harassing conduct is unwanted.  The chapter concludes with Cases In Point  Read More …

I.  Introduction The federal Title VII applies to employers with at least fifteen employees, but California FEHA requires just five employees for the employer to be liable for discrimination and only one employee for an employer to be liable for sexual harassment. This chapter discusses in detail the potential liability for (1) employers, (2) supervisors,  Read More …

I.  Introduction FEHA at California Government Code Section 12940(h) declares that it is an unlawful employment practice for an employer “to discharge, expel or otherwise discriminate against any person because the person has opposed any practices forbidden under this part” (referring to Section 12940 which prohibits, among other things, sexual harassment and gender discrimination) “or  Read More …

I.  Introduction In addition to the statutory claims under California FEHA and federal Title VII, a victim of sexual harassment may also have related common law tort claims against the harasser.  Depending upon the circumstances of the case, attorneys make tactical decisions as to whether to accompany a claim for sexual harassment with a claim  Read More …

Be brave.  It is not easy to go up against employers, their insurers and their attorneys.  The opposition typically tries to discourage claimants by raising issues with the intent to embarrass or degrade the employee.  Sometimes, such attempts backfire on the employers, but in the meantime it can be a difficult experience for the employee  Read More …

Selected Sections of the California Fair Employment and Housing Act Cal. Gov. Code § 12926.  Definitions Regarding Unlawful Practices (selected provisions) Cal. Gov. Code § 12926 (c) “Employee” does not include any individual employed by his or her parents, spouse, or child, or any individual employed under a special license in a nonprofit sheltered workshop  Read More …