Inappropriate Sexual Comments

Intro:

Do inappropriate sexual comments in the workplace constitute sexual harassment under California law? In many cases, and depending on the circumstances, they do. The following questions and answers clarify the conditions under which sexual comments become harassment.

1. When Do Sexual Comments In The Workplace Rise To The Level Of Harassment Under California Law?

The California Fair Employment and Housing Act prohibits any unwanted verbal conduct of a sexual nature that negatively impacts your ability to do your job. Inappropriate sexual comments in the workplace rise to the level of harassment under California law when they are unwelcome, severe or pervasive enough to create a hostile, intimidating or offensive work environment.

California law differs from federal law in that the harassment need not rise to the level of “severe and pervasive.” One or the other — severe or pervasive — is sufficient to establish harassment. Even a single incident can be considered harassment if it is egregious.

Inappropriate sexual comments that could constitute harassment include repeated lewd jokes, sexually explicit remarks, or offensive gender-based comments.

The law also takes power dynamics in the workplace into consideration when assessing whether sexual comments constitute harassment. If a supervisor makes the comments, that is considered an aggravating factor, meaning it elevates the severity of and penalties for the offense.

2. How Should I Document Unwanted Sexual Remarks In A San Bernardino County Workplace?

If you’re experiencing unwanted sexual remarks in the workplace, it’s crucial to keep a detailed record or log. Complete, thorough documentation will be critical evidence if you decide to file a claim.

To prevent any security breach or unauthorized access to your evidence at work, your log or record of events should be written in a notebook or stored on your home computer. That record should include:

• Complete details of any incident, including the date, time, location, people involved and exact words used (to the best of your recollection)
• All written or audio communications, such as emails, texts, voicemail or chat messages, that contain or reference inappropriate remarks
• All written or audio communications, such as emails, texts, voicemail or chat messages, that contain or reference inappropriate remarks
• Who else heard or witnessed the offending remarks
• Any steps taken by you to report the incident, and how your complaint was handled

3. Can A Single Inappropriate Comment Qualify As Harassment In San Bernardino County?

Under California law, a single inappropriate comment can rise to the level of sexual harassment if it is particularly severe or outrageous. While often harassment involves pervasive or repeated offensive behavior, California courts have established that even one serious comment, such as a sexually explicit threat or a comment with clear discriminatory intent, is enough to create a hostile work environment.

The standard that California courts would apply is whether the behavior is of a nature and magnitude that would make a reasonable person in the same situation feel threatened, offended or unable to work.

The context of the comment is also a determining factor. For that reason, the nature of the comment, the workplace culture and whether the speaker is in a position of authority are relevant.

4. How Do Courts In California Evaluate A Hostile Work Environment Created By Sexual Comments?

California courts take a holistic approach, looking at the totality of circumstances in a workplace, to determine if the environment is hostile.

Relevant factors in determining a hostile work environment include:

• How frequent are the sexual comments?
• How severe are the sexual comments?
• Were the remarks threatening or humiliating?
• Did the comments interfere with your job performance?
• Who is the harasser?

California law tends to favor the employee in its determination of a hostile work environment. Courts apply both a subjective and an objective standard. Subjectively, did you feel the environment was hostile? Objectively, would a reasonable person in their position find the environment hostile?

Call To Action (CTA):

No one deserves to be subjected to inappropriate sexual comments in the workplace. In many instances under California law, this behavior is considered a form of sexual harassment.

If you were subjected to inappropriate sexual comments at your workplace that were severe or persistent, there’s help. Contact the Hannemann Law Firm at (909) 980-7878 for legal advice and solutions.