Los Angeles Sexual Harassment Attorney

Sexual Harassment

Sexual harassment is generally considered to be a subset of gender-based discrimination. It is defined, broadly, as harassment or unwelcome attention of a sexual nature. This area of discrimination includes a broad range of behavior. Anything from mild transgressions to serious abuses such as forced sexual activity can be classified as sexual harassment. It is a form of abuse, both sexual and psychological, and bullying. For businesses, preventing sexual harassment and defending employees from charges have become key legal goals in recent years.

According to the United States Equal Employment Opportunity Commission (EEOC), there are roughly 15,000 sexual harassment cases filed with them each year. Government and media surveys estimate that between 40 and 60 percent of women in the workplace are subjected to some form of sexual harassment in the workplace. This form of discrimination is not exclusive to women. Complaints made by men are on the rise. In 2004, 15% of the claims filed with the EEOC were filed by men. 11% of the cases filed by men were men filing against their female supervisors. It is easy to see that this problem affects both men and women. It can cause stress, health problems, and financial worries if a person quits their job to escape the harassment.

A harasser can be anyone: a supervisor, client, co-worker or anyone else with whom the victim has contact in the workplace. The victim does not have to be the person that is directly affected but can be anyone who finds behavior to be offensive and is then affected by it. In addition, while adverse effects for the victim are common, they do not have to be present for behavior to be unlawful. Also, the harasser does not have to be of the opposite sex and can be completely unaware that their behavior is offensive or constitutes sexual harassment.

The United States Supreme Court recognizes two broad types of sexual harassment: quid pro quo and hostile environment. In quid pro quo harassment, there is a tangible employment action as a result. For example, a supervisor that tells a subordinate that he or she must be sexually cooperative or be fired who then proceeds to fire the subordinate. "This for That" sexual harassment. The second type, hostile environment, involves the gender-based unwelcome conduct of supervisors, customers, vendors, or anyone else with whom the victim interacts. These possible behaviors include, but are not limited to, unfulfilled threats to impose a sexual quid pro quo, unnecessary touching, displaying sexually suggestive pictures, using demeaning or inappropriate terms, using indecent gestures, or using crude and offensive language.

Most of the protections from sexual harassment stem from Title VII of the Civil Rights Act of 1964. Title VII applies because sexual harassment is frequently seen as a type of gender discrimination. Most advances for sexual harassment claims have been made via court cases. The first case that was a clear victory for the victim of sexual harassment came in 1986. There were previous cases that can be called sexual harassment cases but the 1986 case was the first one to define the inappropriate workplace behavior as "sexual harassment" and not so much "gender discrimination."

This page is meant to serve as a basic outline of what sexual harassment entails. It does not cover every facet of the offense and is not intended to. For more information on sexual harassment, contact experienced Los Angeles Employment Attorney Perry Smith.