Sexual harassment can take many different forms in the workplace, and all of them can be demeaning, insulting, humiliating, and even threatening to the victims having to deal with it. In an increasingly high-tech world, online sexual harassment is becoming increasingly prevalent in the virtual workplace. Online sexual harassment can make someone feel just as hurt, and there are many different types of online sexual harassment in the Los Angeles workplace.
What Is Online Sexual Harassment in the Workplace?
Sexual harassment refers largely to unwanted, unwelcome, and threatening sexual advances, actions, and offenses that can happen in the workplace, which can create a hostile work environment for the intended victim. Thankfully, California state law requires every employer with at least five employees to provide them with comprehensive sexual harassment prevention training and education.
Failure to provide their employees with this training can result in potential legal action from the California Department of Civil Rights and the Equal Employment Opportunity Commission (EEOC).
Online sexual harassment really is no different. It simply translates the disrespect of sexual harassment into a virtual setting. It can be equally inappropriate and condescending as in-person sexual harassment, but it can also be easier to trace and prove. Information sent virtually can be easier to download and preserve, such as sexually explicit messages, images, videos, audio, or texts.
Types of Online Sexual Harassment in the Workplace
Online sexual harassment is not gender-specific. Men and women alike can be victims of online sexual harassment as well as perpetrators. If you are ever the victim of online sexual harassment, it is vital that you preserve as much evidence as you can and report the incident to the proper department within your company. Here are some common types of online sexual harassment that can occur in the workplace:
- Sexually Explicit Images: If somebody sends you inappropriate images of a sexual nature while at work, it could be considered online sexual harassment, regardless of intent. The same goes for sexually explicit content, videos, audio, or messages. Be sure to save all the explicit material for your case, as it will make for solid evidence of online sexual harassment when it comes time to file a claim.
- Sexually Explicit Conversation: When you are working remotely, you may still be required to attend video conferences or online chats as part of your job. During these conferences, if somebody starts speaking to you in a sexually explicit way that makes you feel uncomfortable, it could be considered online sexual harassment. It is always considered inappropriate to engage in sexual conversation in the workplace, and that includes the virtual workplace.
- Gossip and Rumors: Most offices have their rumor mills, but it can be considered sexual harassment to spread rumors and gossip about somebody’s sex life or behavior. The same goes for virtual workplaces. Starting or spreading a rumor about someone’s sexual activity can be hurtful to that person’s emotional and mental health. It can start to affect their job performance, and it may even open the employer up to sexual harassment claims if the victim decides to sue.
FAQs
Q: What Qualifies as a Hostile Work Environment in California?
A: In California, a hostile work environment is any workplace that makes its workers feel uncomfortable, unwanted, unsafe, intimidated, or insecure, thanks to the way that management treats discrimination and harassment. In a hostile work environment, the workers are consistently harassed due to their protected class, such as their:
- Age
- Race
- Sexual orientation
- Gender identity
- Disability
- Religion
- National origin
This constant threat of harassment can impact their job performance and lead to undue stress.
Q: What Is the Burden of Proof for a Hostile Work Environment?
A: The burden of proof for a hostile work environment or sexual harassment case falls on the plaintiff and their legal team. Since the plaintiff is the one claiming that a hostile work environment exists, it is up to them to provide enough evidence to prove it. The claim may hinge on the plaintiff’s ability to convincingly establish that a pattern of poor behavior and adverse working conditions exists in their workplace, which has led to their claim.
Q: Can I Sue My Employer for a Hostile Work Environment in California?
A: Yes, you can sue your employer for a hostile work environment in California. California labor laws very much favor the employee and their right to work in a safe environment free from discrimination, harassment, and hostility. Hostile work environments can be made from bullying, harassment, negative culture, and unethical behavior. You can sue your employer for helping to foster that kind of environment for their employees, which can lead to mental stress and poor job performance.
Q: What Must a Plaintiff Prove in a Hostile Work Environment Case?
A: To prove that a hostile work environment exists in their case, a plaintiff must be able to prove a consistent pattern of poor behavior by their coworkers and/or their supervisors. A hostile work environment does not just appear overnight. It is fostered by constant negativity, rewards for bad behavior, bullying, discrimination, and harassment. The plaintiff will have to prove that those behaviors are present and that they led to a hostile work environment.
Reach Out to a Sexual Harassment Lawyer Today
Online sexual harassment can be just as devastating to one’s mental and emotional health as in-person sexual harassment. It is a very real problem that some workplaces are forced to deal with, and it can lead to substantial legal action against employers. Consult a sexual harassment lawyer to learn what your options are for taking legal action and pursuing compensatory damages.
At Diefer Law Group, P.C., our legal team is prepared to ensure that you aren’t taken advantage of by employers who may wish to threaten or guilt you into dropping your case. We can help you build your case, gather the right kind of evidence, and represent your interests throughout the process. Contact us to speak with a valued member of our team and schedule a consultation today.
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