Not all rude or suggestive comments are considered sexual harassment under the law, even though they are typically inappropriate in a workplace setting. Sexual harassment is also different from employment discrimination based on gender.
Your experiences may be considered sexual harassment if:
- Your acceptance or rejection of sexual advances may affect your continued employment. For example, your supervisor may say that you will receive a promotion if you accept sexual advances (known as quid pro quo, or something for something else). Alternatively, your supervisor may threaten to fire you if you reject sexual advances. Both examples are sexual harassment.
- The comments or actions create a hostile work environment for you. For example, your boss may be constantly telling dirty jokes, commenting on your attire, making sexual innuendos, or creating a hostile, uncomfortable and sexually charged environment that interferes with your work performance.
- Someone retaliates against you (such as wrongful termination) after you complain about unwelcome sexual advances or offensive verbal or physical conduct of a sexual nature toward you or another employee.
It is extremely important to report your claim of sexual harassment to your employer promptly and correctly. Failure to report or failure to follow your company's reporting policy to the letter may deprive you of your legal rights and options.
If you think you may have a sexual harassment case against your employer, call the Los Angeles employment lawyers of Posner & Rosen at 213.389.6050 or contact us by e-mail. We know how difficult this time can be. You can rely on our experienced attorneys to protect your interests as we guide you through each step of the process.
