What is quid pro quo sexual harassment?
What is an “unwanted sexual advance?”
What is hostile environment sexual harassment?
Will my own sexual history be dragged through the mud?
Who is liable in a sexual harassment case?
How long can I wait to take legal action?
There are two legally defined types of sexual harassment: quid pro quo sexual harassment and hostile environment sexual harassment.
What is quid pro quo sexual harassment
Quid pro quo sexual harassment consists of a loss of income, or the threat of a loss of income, when a boss or co-worker makes an unwanted sexual advance. The unwanted sexual advance needs only to occur once to fall under the definition of quid pro quo sexual harassment. If one consents to the sexual advance(s) and then changes his or her mind, it will still be considered quid pro quo sexual harassment as long as the threat or the actual loss of income can be proven.
What is an “unwanted sexual advance?”
An unwanted sexual advance includes, but is not limited to, coercion to submit to sexual activity or go out on a date, sexual comments, questions about sexual activity, and the display of sexually suggestive writings or depictions.
What is hostile environment sexual harassment?
In the absence of “quid pro quo” behavior, unlawful sexual harassment may nevertheless exist where an employee is subjected to verbal or physical conduct of a sexual nature which is unwelcome and which is so pervasive that it unreasonably interferes with the employee's work performance or otherwise creates an intimidating or offensive work environment. Unwelcome touching, such as hugging, patting or massaging, may constitute or contribute to a sexually hostile work environment. Also, depictions of sexual acts or people’s bodies, such as pin-ups from pornographic magazines or hand-drawn signs or images, may also create a sexually hostile work environment. In fact, verbal conduct alone, such as derogatory remarks, sexual innuendos and jokes, or discussion of sexual activities or body parts, may constitute “unwelcome acts” sufficient to establish a claim for hostile environment sexual harassment.
Will my own sexual history be dragged through the mud?
No. There are specific legal protections for anyone who brings a sexual harassment complaint. California Code of Civil Procedure section 2017(d) states that a claimant’s past sexual history with anyone other than the alleged perpetrator is not discoverable except in certain exceptional circumstances. The Legislature passed the law to ensure that claimants would feel free to come forward and report sexual harassment without the fear of intimidation or invasion of privacy.
Who is liable in a sexual harassment case?
The employer is liable for quid pro quo sexual harassment perpetrated by any employee who holds a supervisory position. The employer is also liable for hostile environment sexual harassment if he or she knew or should have known that the harassment was taking place and failed to take action to correct it.
Is it true that schools can be held liable for not protecting their students from sexual harassment by other students?
Yes. In May 1999, the United States Supreme Court ruled, in a case called Davis v. Monroe County Board of Education, that if school authorities were aware of a sexual harassment problem and did nothing to stop it, the school could be held liable.
How long can I wait to take legal action?
Legal action should be taken as soon as possible due to the fact that there are strict statutes of limitations which could bar your right to take legal action altogether and forever.
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