What is or isn’t sexual harassment in the workplace can sometimes be difficult to identify. Issues like sexual abuse and assault, which are severe forms of harassment, are more easily identifiable. However, much of the harassment that occurs in the workplace is more subtle. That subtlety, though, can sometimes lead to behavior being misidentified as sexual harassment. What is NOT considered sexual harassment in the workplace?
What’s Not Considered Workplace Sexual Harassment
To understand what is not workplace sexual harassment, we need to first recognize that, as with so many things under the law, the presumption is that conduct is not sexual harassment until proven to fit the parameters under the law. In other words, everything that doesn’t meet the legal definition of sexual harassment is not considered sexual harassment in the workplace.
It is necessary, then, to first understand what is regarded under the law as sexual harassment. Generally, there are two kinds of harassment, one of which is a hostile work environment. This involves harassment that makes coming to work uncomfortable. It could be as serious as sexual assault, or it could be something like inappropriate jokes, discussions, and comments.
For behavior to be legally considered as hostile work environment sexual harassment, it must be either persistent or severe. Something like sexual assault would be considered severe. However, comments or jokes of a sexual nature must be persistent to be considered sexual harassment. This typically means that the behavior must have reached a point where it would make it difficult for a reasonable person to come to work.
The other form of sexual harassment that could happen in the workplace is “quid pro quo” harassment. This harassment centers around the idea of an exchange where one person offers some kind of career or workplace benefit in exchange for sexual favors. For instance, a superior could offer or imply that someone will receive a promotion, raise, better scheduling, or some other benefit in exchange for a sexual favor.
What is not considered sexual harassment is an activity that doesn’t fall within these categories. For instance, a single sexual joke does not necessarily constitute harassment. Neither is someone asking their peer out on a date. Those could become harassment if they are persistent, but not singularly.
There are other forms of harassment and discrimination that can occur in the workplace, so if you have an issue at work, it is important to speak with the appropriate parties, such as your superior or human resources.
FAQs
Q: What if the Person Who Sexually Harassed You Is the Owner of the Business?
A: If the person who sexually harassed you is the owner of the business that you work for, then it can feel like you have nowhere to turn. However, it may be that your employer still has an HR department you can bring the issue to. You may be able to bring it to another manager as well. If you are unsure of how to handle the issue, it may be wise to contact a lawyer, and they could be able to offer some guidance depending on the specifics of your situation.
Q: If I’m Going to File a Sexual Harassment Claim, When Would It Need to be Filed?
A: If you are going to file a sexual harassment claim, it would need to be filed before the deadline for the kind of claim that you are filing. Most sexual harassment claims that are being filed under federal laws with the EEOC will need to be filed within 180 days, although there are some circumstances that extend the deadline to 300 days.
If you are also filing under California’s laws, then you will typically have to file to the Civil Rights Department within three years. There can be some exceptions to these timelines, so it’s important to speak with a lawyer as soon as possible.
Q: Do I Have to Have a Lawyer to File a Sexual Harassment Claim?
A: You do not have to have a lawyer to file a sexual harassment claim, but it is often a better decision to work with one. The process of filing a claim can be complicated, but it’s helpful to work with someone who knows legal procedures. A sexual harassment lawyer is also helpful when your employer is likely to have lawyers on their side. It’s better to have a lawyer representing you in both negotiations and litigation, as their experience can be crucial to getting you fair compensation.
Q: Is My Employer Required to Give Sexual Harassment Training?
A: Your employer is likely required to give some kind of sexual harassment training. California law requires most employers to give training in a number of harassment and discrimination issues. Failure to provide this training can be a problem for employers, particularly if they find themselves faced with harassment or discrimination claims. If you have concerns about your employer and a failure to provide training, a lawyer may be able to help.
You Have Options If You Have Been a Victim of Workplace Sexual Harassment
While it must meet the legal definition, there are protections in place for times when workplace sexual harassment does occur. Sexual harassment is not something that is to be tolerated in the workplace according to both federal and California law. The burden is on the employer to investigate any reports of sexual harassment and to take appropriate action to prevent it from continuing.
When sexual harassment isn’t handled properly by an employer, there are avenues of recourse for the employee. This may include filing a claim with the institutions created to address these concerns at the federal level and state levels. However, there are times when an employer may be interested in settling instead of going through litigation. The process of holding your employer accountable can often be challenging.
It is critical that you work with an experienced lawyer, like those at Diefer Law Group, if you have been sexually harassed at work. We have extensive experience fighting for workers and seeking compensation on their behalf. While we have often been able to secure fair settlements for our clients, we also understand what it takes to win in litigation. Contact our law firm today if you’ve been a victim of sexual harassment and want to understand your next steps.
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