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Sexual harassment at work is not limited to physical conduct. Repeated or severe sexual comments can violate California law when they affect an employee’s work environment.
If you have experienced verbal sexual harassment in the workplace, contact our Los Angeles sexual harassment attorney to discuss your legal options. Schedule your free consultation.
Verbal sexual harassment refers to spoken or written comments of a sexual nature that are unwelcome and inappropriate in the workplace. The key issue is whether the conduct creates a hostile work environment or is tied to employment decisions. Examples may include:
The behavior does not need to be directed at a specific person. Repeated sexual comments made openly in the workplace may create a hostile environment for others who overhear them.
Verbal harassment typically falls into one of two legal categories.
A hostile work environment exists when ongoing verbal conduct is so severe or pervasive that it alters the conditions of employment. Courts look at:
A single offhand comment may not meet the legal threshold, but repeated sexual remarks, especially from a supervisor, can.
Verbal harassment can also occur when job benefits are conditioned on sexual conduct. For example:
In these situations, even one incident may be enough to establish liability.
Verbal harassment can be committed by:
Employers are strictly liable for harassment committed by supervisors. When employers are strictly liable, it means they can automatically be held legally responsible even if upper management did not know about the misconduct.
When coworkers or third parties are involved, employers may still be responsible if they knew or should have known about the behavior and failed to take corrective action.
Employees who report verbal sexual harassment are protected from retaliation. An employer cannot lawfully discipline, demote, reduce hours, or terminate an employee for making a good-faith complaint. Retaliation itself is a separate violation of California law.
If you experience verbal sexual harassment at work, taking steps early can strengthen your position.
Keep a written record of each incident, including:
Save relevant emails, messages, or other communications.
Check your employer’s harassment policy to determine how complaints should be reported. Submit your complaint to human resources or a designated supervisor, preferably in writing, and keep a copy for your records.
Employers are required to investigate complaints and take corrective action. If the conduct continues or the response is inadequate, consult an attorney as soon as possible.
A sexual harassment lawyer in Los Angeles can determine whether you have a viable claim and may file an administrative complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) on your behalf.
These filings are generally required before pursuing a lawsuit in court. Once a Right-to-Sue notice is issued, you may then file a civil action seeking compensation for lost wages, emotional distress, and other damages available under California law.