Can Sexual Harassment Happen Outside of the Workplace?

The attorneys at D.Law represent clients facing a wide range of employment issues, including workplace discrimination and harassment. Some might assume you can only take legal action when you experience inappropriate conduct during working hours. Can sexual harassment happen outside of work, and are you able to sue?

Below, break down what you need to know about your rights and how to protect yourself in a hostile work environment. 

Defining Workplace Sexual Harassment

Under state and federal laws, employers are prohibited from harassing or discriminating against their employees. This includes sexual harassment, which is any type of unwelcome conduct driven by one’s sex, gender identity, sexual orientation, or similar characteristic. Someone could experience two types of harassment:

• Quid pro quo harassment: In exchange for sexual favors, an employer or manager may offer a benefit, such as a raise or promotion. 
• A hostile work environment: This refers to a workplace with unwanted sexual conduct that’s severe or pervasive. 

These actions violate California’s Fair Employment and Housing Act as well as Title VII of the Civil Rights Act of 1964.

Employees Can Experience Sexual Harassment Regardless of Workplace Boundaries

Can sexual harassment happen outside of work? Unfortunately, it can. In fact, some employees may only experience this unlawful behavior when they aren’t at work. 

Those who exhibit such behavior may believe that it’s not a problem if it occurs outside of regular business hours or in a location other than the office. It’s still considered workplace sexual harassment if incidents occur at business-related events, such as:

• Company retreats
• Fundraisers
• Workplace parties
• Networking events
• Business meetings and conferences

You may even experience an employer’s unwanted sexual advances in a public place outside of normal working hours. For example, say you run into your boss at a grocery store where they invade your space and make sexual comments. Although the incident occurred outside of work, it may still contribute to a hostile work environment. 

Not only can sexual harassment happen outside of work, but you could be a victim without any in-person interactions. Perhaps your supervisor sends you a text claiming that you’ll be promoted if you send them nude photos of yourself. This qualifies as quid pro quo sexual harassment, even though it’s off-duty conduct.

How To Report Instances of Workplace Sexual Harassment

If you’re being harassed by a colleague, client, or employer, speaking up is crucial. Reporting the incident may be the only way to prevent it from happening again. 

There are several steps that affected employees can take to hold an individual or organization accountable in California. They include:

• Document everything: Make notes of the time, date, and location of an incident, as well as the parties involved. Keep any documents containing written evidence, such as emails or text messages.
• Report the incident internally: If the behavior originates from a colleague or client, inform your supervisor. When harassment involves managers, you may decide to speak to an HR representative in hopes that they’ll address your concerns. 
• File a complaint: In addition to an internal report, you could file a complaint with either the California Civil Rights Department or the Equal Employment Opportunity Commission, depending on your situation. 

Speaking up can seem scary, especially when it comes to a topic as sensitive as sexual harassment. Some people avoid reporting these incidents out of fear that they’ll lose their jobs or face consequences. Know that labor laws prevent employers from retaliating against those who file complaints or report misconduct. 

If your employer fires, demotes, or reassigns you shortly after you report unethical conduct, you may have grounds for a retaliation claim. Consult an employment attorney to discuss your options for legal recourse. 

Taking Legal Action Against Your Employer

Aside from “Can sexual harassment happen outside of work?” one common question employment lawyers hear is, “Can I sue my employer for harassment?” It’s possible, depending on your circumstances.

Bring any evidence to an employment attorney and explain your situation. After reviewing preliminary case details, they could recommend a legal strategy, such as filing a lawsuit against your employer. Filing a civil lawsuit is typically the final step a harassed employee can take after reporting the conduct internally and filing a complaint with government entities like Civil Rights Department or EEOC.

Proving an employer’s liability can be a complex process. Gather evidence supporting your claim and let an attorney handle negotiations with the defendant. If you settle your case or win a civil trial, possible outcomes include compensation, though this is never certain.

How To Create a Safer Work Environment

Many companies have a sexual harassment policy listed in their employee handbooks. However, incidents can still occur both during and outside of work. To protect all employees and foster a safe environment, businesses should take the following steps:

1. Take training seriously: California requires sexual harassment training for companies with five or more employees. Everyone who takes a training course should take it seriously and make notes of all the information given. 
2. Encourage open communication: Businesses should provide employees with opportunities to express their concerns. Try to create a welcoming environment so people aren’t afraid to speak up about misconduct. 
3. Enforce policy rules: If an employee reports harassment, an internal investigation should follow. Businesses should enforce anti-harassment rules by addressing the situation before it escalates. 

These steps can help prevent sexual harassment and protect those who experience it, both in and outside the workplace. 

Discuss Your Situation With an Experienced Employment Attorney

Not only can sexual harassment happen outside of work, but depending on your circumstances, you may be able to take legal action against your employer. If you experience any type of workplace sexual harassment in California, D.Law may be able to help. We represent victims of workplace harassment, discrimination, and other illegal employment practices. 

Depending on the specific facts of your case, our knowledgeable attorneys can help you file a lawsuit against your employer, advocate for damages, and work to hold them accountable. Review your options with a legal professional. Call (818) 275-5799 to request a consultation.