Sexual Harassment

Sexual harassment in the workplace can manifest in various forms and scenarios. While state and federal laws offer protection to employees, proving such cases can be challenging, and no workplace is entirely immune to this problem.

It’s crucial to understand your rights and the appropriate steps to take in these situations. If you’ve experienced workplace sexual harassment, seeking the assistance of a California sexual harassment mediator can help facilitate a resolution between all parties involved.

Defining Harassment in the Workplace: A Guide for Mediation

Under California’s Fair Employment and Housing Act (FEHA), sexual harassment is defined as unwelcome or sexually suggestive advances directed at an individual in their place of employment, whether physically, in person, or in writing. This can encompass a range of behaviors, including:

• Teasing or bullying
• Intimidation tactics
• Offensive jokes or remarks
• Requests for sexual favors
• Inappropriate touching or gesturing
• Other physical or verbal conduct of a sexual nature

Sex discrimination can occur in various aspects of employment, from hiring and firing to promotion, wages, and benefits. While sexual harassment often involves male perpetrators and female victims, the law recognizes that the sex of the involved parties is irrelevant.

It’s important to note that harassment can come from various sources, including company policies, supervisors, co-workers, subordinates, or even clients and customers. Employees should be proactive in communicating that sexual advances, favors, and other forms of harassment are unwelcome, and unlawful, and will be reported.

Employers have a legal obligation to educate their staff about policies addressing workplace harassment. As of January 1, 2020, California employers with 5 or more employees must provide sexual harassment training to all staff members, including:

• 1 hour of training for employees in non-supervisory roles
• 2 hours of training for employees in supervisory positions

Mediating Workplace Sexual Harassment: Understanding Different Forms

California state law prohibits two primary forms of sexual harassment: “quid pro quo” sexual harassment and hostile work environment.

Quid Pro Quo Harassment

This type of harassment occurs when an employer makes sexual acts or favors a condition of employment, pay increases, promotions, or other benefits. The legality of this behavior is not affected by whether the employee accepts or rejects these demands; if the advances are unwanted, they are illegal.

Quid pro quo sexual harassment may involve the explicit or implied exchange of sexual favors for workplace benefits such as:

• Promotions or raises
• Time off
• Job security or hiring decisions
• Favorable working schedules or conditions

Other employment-related perks

Any retaliation resulting from an employee’s rejection of these advances is also illegal. To establish a quid pro quo harassment case, a causal relationship between the refusal of sexual favors and subsequent repercussions must be demonstrated.

Hostile Workplace

Some forms of sexual harassment become illegal when they create a hostile work environment. This occurs when behavior and conduct of a sexual nature is so severe and pervasive that it prevents an employee from performing their job effectively. To qualify as a hostile work environment, the harassment must be more than just:

• Occasional or isolated incidents
• Sporadic or random occurrences
• Trivial matters

Hostile work environment cases may also involve third-party witnesses to the harassment, for whom the behavior is so severe that it hinders their ability to do their job effectively, even if they are not directly targeted.

Mediation for Settlement of Sexual Harassment Disputes

Navigating a sexual harassment situation at work can be challenging to handle alone. Seeking the assistance of a qualified mediator with significant experience in workplace disputes can be beneficial. Effective mediation is crucial in resolving these sensitive issues and finding mutually agreeable solutions.

Resolve Wannon is committed to providing neutral, impartial mediation services for workplace sexual harassment cases. Our experienced mediators facilitate open communication between all parties involved, aiming to reach fair and equitable resolutions.

Don’t accept harassment as a condition of maintaining your job or advancing your career. Contact Resolve Wannon today for a confidential consultation to discuss how mediation can help address your workplace sexual harassment concerns and work towards a resolution that respects the rights and interests of all parties involved.