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Can You Spot Sexual Harassment in the Workplace?


— March 9, 2022

Two waitresses decide to begin a relationship after meeting at work. Does this constitute harassment?


If you’ve noticed misconduct at your workplace, you might be wondering whether it constitutes harassment. It can be difficult to tell what kind of behavior “crosses the line” and becomes illegal. When should you speak out? When can you sue your employer for allowing harassment to continue? Can you be punished for reporting activities that you think constitute harassment?

These are all great questions, and it’s best to get in touch with a qualified attorney if you want real answers. Choose one of the many sexual harassment lawyers in your area and book a consultation. Next, explain your unique situation and receive targeted legal advice from one of these lawyers. Afterwards, you’ll know exactly how to proceed and address this situation in the best possible way. 

Example 1

During a company function, a group of employees begin telling rude jokes about people who don’t like cheese. This group laughs loudly, leaving the employees who don’t like cheese feeling hurt. Does this constitute harassment? No. It is only illegal to tell rude jokes if they involve people’s beliefs, sexualities, identities, genders, races, or disabilities1. Since this particular joke simply involves people’s dietary preferences, it would not constitute workplace harassment. 

Example 2

During a company function, a group of employees begin rude jokes about women. This group laughs loudly, leaving the female employees at the function feeling hurt and offended. Does this constitute harassment? Yes. Since the jokes are of a sexual nature and they are made at the expense of a specific gender, this is considered workplace harassment, and it is illegal. 

Example 3

A boss hints that his secretary will receive a raise if she goes on a date with him. She agrees and consents to a sexual encounter during the date. Later, the boss gives her a raise. Does this constitute harassment? Yes. This is known as “quid pro quo” sexual harassment2, and it is illegal. Those in a position of power are not allowed to abuse their power to offer work benefits in exchange for sexual favors – even if the other party consents. 

Example 4

Waitress holding a tray
Image courtesy of Arttabel via Pixabay, www.pixabay.com

Two waitresses decide to begin a relationship after meeting at work. Does this constitute harassment? No. Since both employees are of equal status and power at the workplace, there is no “quid pro quo” sexual harassment taking place. One employee cannot feasibly offer another employee any benefit in exchange for participating in the relationship. 

Example 5

A manager grazes his hand over another employee’s breast very briefly. He claims this was an accident, and he never intended to touch her private area. Does this constitute harassment? Probably not. Isolated incidents cannot form the basis for sexual harassment lawsuits – especially if the guilty party claims it was non-intentional and doesn’t repeat the action. 

Where Can I Find a California Sexual Harassment Lawyer?

If you’ve been searching for Long Beach sexual harassment lawyers, there are many professionals who can assist you. These California sexual harassment lawyers are committed to fighting for your rights as an American worker, and they can help you file a lawsuit against your employer for allowing harassment to continue. Book your consultation today to explore your legal options. 

Sources

  1. https://www.eeoc.gov/youth/racecolor-discrimination-faqs#Q6
  2. https://www.law.cornell.edu/wex/quid_pro_quo

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