Harassment in The Workplace. A Guide For California Employees.

Updated: Feb 14

What is considered workplace harassment in California and how to report it.

In California, as in most states, harassment in the workplace may be a violation of the law. California law prohibits harassment of all kinds and requires employers to coach supervisors on the way to prevent and any kind of workplace harassment in California.

Under the CA Fair Employment and Housing Act, there are two kinds of harassment in the workplace: quid pro quo (literally, "something for something") harassment and hostile work environment harassment. A California Employment Attorney will help you assess your case.

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Workplace Harassment # 1: Quid Pro Quo

Quid pro quo harassment in the workplace happens when a supervisor, either expressly or impliedly, requires a subordinate to undergo sexual advances by threatening the subordinate with an adverse employment action, like a nasty review, demotion, or termination. For example, a supervisor has engaged in quid pro quo harassment by conditioning a promotion on the subordinate's agreement to go on a romantic date.

Quid pro quo harassment in the workplace happens when an employee in a position of authority who is using his or her position to require a subordinate to do something in exchange for a sexual favor.

Coworkers in the same position who demand sexual favors aren't engaging in quid pro quo harassment. However, they'll be creating a hostile work environment, as defined below.

Workplace Harassment # 2: Hostile Work Environment

The other type of workplace harassment under California law is named a hostile work environment. As opposed to quid pro quo harassment, any employee can create a hostile work environment. With this sort of harassment in the workplace, there doesn't get to be the threat of adverse employment action. Instead, the harasser engages in unwelcome conduct, supported sex, which creates a workplace that's intimidating, hostile, or offensive to an inexpensive person.

The conduct could be specifically targeted at a private, but it doesn't get to be. For instance, a coworker could create a hostile work environment by posting offensive or degrading photos. A hostile work environment claim must meet some requirements.

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