Sexual Harassment Is Forbidden By Law

Sexual harassment in employment violates the provisions of the Fair Employment and Housing Act, specifically Government Code sections 12940(a), (j), and (k).  Federal law also prohibits certain types of discrimination and harassment, but is beyond the scope of this discussion.

The Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment and harassment based on pregnancy, childbirth, or related medical conditions. The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. Sexual harassment includes many forms of offensive behavior and includes harassment of a person who is the same sex as the harasser. Under California law, illegal sexual harassment or gender harassment may include, but is not limited to, the following:

►Unwanted sexual advances;

►Offering employment benefits in exchange for sexual favors;

►Making or threatening reprisals after a negative response to sexual advances;

►Visual conduct, e.g., leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters;

►Verbal conduct, e.g., making or using derogatory comments, epithets, slurs and jokes;

►Verbal sexual advances or propositions;

►Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations;

►Harassment based on a person’s gender, such as targeting a person for offensive or hostile treatment because she is a woman;

►Physical conduct, such as touching, assault, impeding or blocking movements.

Disclaimer:  Sexual harassment may be illegal under Federal law under certain circumstances, but is beyond the scope of this discussion.  Please consult an attorney for further information.  Every attorney may interpret the law differently, and therefore, the reader should in no way rely on the statements in this website without consulting an attorney who can then consider whether and how the law applies to any given situation.

If you believe you are a victim of sexual harassment, discrimination, retaliation or wrongful termination as a result of sex, race, ethnicity, age, religion, medical condition, or because you have opposed illegal activity in the workplace, the attorneys at www.nosexualharassment.com are here to help.

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