What constitutes sexual harassment?

Sexual harassment is a form of discrimination in the workplace that is prohibited by California labor and employment law. Sexual harassment includes any unwelcome conduct of a sexual nature, such as making unwanted sexual advances, requests for sexual favors, or engaging in other verbal or physical conduct or communication of a sexual nature. It is considered illegal sexual harassment if the unwelcome conduct is based on an employee’s sex and the employee receives negative employment decisions or is subject to a hostile work environment because of it. The California Department of Fair Employment and Housing (DFEH) defines sexual harassment as unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature. In general, it is any type of behavior that creates a hostile or intimidating work environment, or that unreasonably interferes with an employee’s job performance or creates an environment of intimidation, hostility, or humiliation. An example of sexual harassment in the workplace would be when a supervisor makes unwanted sexual advances and promises rewards in exchange for sexual favors. Other examples would be making offensive jokes or remarks of a sexual nature, displaying sexually suggestive pictures, or making physical contact of a sexual nature. It is important to note that sexual harassment goes beyond gender, as it can include individuals of any gender, sex, gender identity, or gender expression. Any type of unwelcome conduct of a sexual nature can be considered sexual harassment and is illegal in the workplace. Employees should report any type of sexual harassment to their employer immediately.

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What constitutes sexual harassment?

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