Sexual harassment is by far the most prevalent form of
harassment individuals experience in the workplace. Sexual
harassment violates the law when it is so severe or constant that
it alters the conditions of the victim's employment and creates an
abusive working environment. Sexual harassment is illegal under
both federal and California law. Title VII of the Civil Rights Act
of 1964, Title 42 U.S.C. §§ 2000e, et seq., strictly prohibits
sexual harassment. Title VII, applies to any company with more
than 15 employees when it comes to sexual harassment. In
California, sexual harassment and other discriminatory conduct are
prohibited by the Fair Employment and Housing Act ("FEHA"),
California Government Code Sections 12940, et seq.
Sexual
harassment takes many forms. Being the butt of sexually-charged
jokes or pranks, being grabbed or whistled at, sexual advances,
requests for sexual favors or other verbal, visual, or physical
conduct of a sexual nature can create a hostile work environment
and can qualify as sexual harassment. Conduct that makes the
workplace sexually charged does not need to be directly aimed at
the person being harassed in order for it to be actionable. For
example, being subject to pornographic posters/pictures or
profanity can still create a hostile work
environment.
