Workplace harassment comes in many forms. One of the most common is sexual in nature. California's Fair Employment and Housing Act (FEHA) defines sexual harassment as harassment based on sex or of a sexual nature; gender harassment; and harassment based on pregnancy, childbirth, or rdated medical conditions. The definition of sexual harassment includes many forms of offensive behavior, including harassment of a person of the same gender as the harasser.

A partial list of types of sexual harassment includes:

• Unwanted sexual advances;
• Offering employment benefits in exchange for sexual favors;
• Actual or threatened retaliation;
• Leering; making sexual gestures; or displaying sexually suggestive objects, pictures, cartoons, or posters;
• Making or using derogatory comments, epithets, slurs, or jokes;
• Sexual comments including graphic comments abollt an individual's body; sexually degrading words used to describe an individual; or suggestive or obscene letters, notes, or invitations;
• Physical touching or assault, as well as impeding Or blocking movement around the workplace;
• When a boss or supervisor has sex with an employee even if the sex was initially with the consent of the employee (e.g., an "office affair"); and
• When a boss or supervisor requests sex with an employee.

All employers, regardless of the number of employees, are covered by the harassment section of the FEHA. Employers are generally liable for harassment by their supervisors or agents. Harassers, including both supervisory and non-supervisory personnel, may be held personally liable for harassing an employee or co-worker or for aiding and abetting harassment. Additionally, the law requires employers to take "all reasonable steps to prevent harassment from occurring." If all employer has failed to take such preventive measures, that employer can be held liable for the harassment.

A victim may be entitled to damages, even though no employment opportunity has been denied and there is no actual loss of pay or benefits. In addition, if an employer knows or should have known that a non-employee (e,g. client or customer) has sexually harassed an employee, applicant, or person providing services for the employer and fails to take immediate and appropriate corrective action, the employer may be held liable for the actions of the non-employee. Employers are obligated to, among other things, take all reasonable steps to prevent discrimination and harassment from occurring. If harassment does occur, take effective action to stop ally further harassment and to correct any effects of the harassment. Employers are also required to develop and implement policies that include provisions to fully inform the complainant of his/her rights, and to effectively investigate the allegations. The employer must also communicate to the complainant that action has been taken to stop the harassment from recurring. Finally, appropriate steps must be taken to remedy the complainant's damages, if any.

Employees or job applicants who believe that they have been sexually harassed can hire a lawyer to represent them or they may file a complaint of discrimination with DFEH within one year of the harassment.

If you or a loved one has been sexually harassed in the workplace, please call us at 916.444.4444. At the Law Offices of Moseley Collins we have the experience and knowledge to help you obtain the just result you deserve. We do not charge a fee until we win your case.