Blog

What Is Considered Sexual Harassment in California?

Employment Law May 22nd, 2023
Sexual-Harassment-CA-980x653 Sexual-Harassment-CA-980x653

Sexual harassment is recognized by both California state and federal law – It is not tolerated within the workplace.

 

What Is Sexual Harassment?

 

Sexual harassment can apply to a broad range of situations. It is not just what you say, it can also be visual, physical, and distance-related.

  • For example, a photograph, talking, touching, or getting too close or within someone’s personal space can be sexual harassment.
  • Another example could be looking at someone’s body parts when your eyes should be on their face can be sexually intimidating.

This is a situation that is not about what you meant or didn’t mean. It is about how it is interpreted by others.

As a hard rule – any unwanted sexual advance or innuendo is considered sexual harassment in California.

Another general rule that will escalate a sexual harassment situation is if the situation makes the other person feel threatened, fearful, intimidated, or punished by the situation.

For example, if someone dreads coming to work because of continual sexual advancement – minor or severe – then you may have created an intimidating and hostile work environment based on unwanted sexual advances. That action can be as simple as leering or asking someone out to lunch repeatedly.

 

Legally Speaking

 

Trading sexual favors or encounters for work-related rewards is a form of sexual harassment. An employer cannot ask employees to trade sex for rewards such as promotions, days off, vacation requests, or to get out of trouble. That includes sexual relationships between all genders. This form of takes on the physical aspects. Even if the employee is willing to trade sexual favors for a reward, the situation remains sexual harassment, and it can work both ways. The employee can sexually harass a manager or boss. Generally, sexual harassment is employer or manager initiated but not always. Sexual harassment can also occur between any two or more people within a working relationship.

The creation of a hostile work environment is the second form of sexual harassment. There are many ways to create a hostile work environment. A hostile work environment can be a situation where someone feels fearful, intimidated, concerned, afraid, disgusted, etc based on sexual-based situations or encounters. Anytime someone in a work environment has behaviors that cause another worker to feel worried about coming to work because of that behavior, then it could be considered a hostile work environment.

 

What You Can Do to Stop Sexual Harassment

 

Employers legally cannot punish you for turning them in for sexual harassment. If you feel threatened or punished by your employer after talking with them about sexual harassment, then contact an employment attorney. At the very least, you can discover if your situation fits the definition and what your legal options are to stop it from happening again.

 

Contact DLaw If You Are Experiencing Sexual Harassment At Work

 

DLaw offers employment law services throughout the entire state of California. They help protect employees from illegal workplace actions including sexual harassment. Give them a call at (818) 275-5799 and learn more about your legal rights and options.

Share article

Related Articles

Layoffs-Man standing at fork in the road.
Employment Law February 10th, 2026
What SB 617 Means for Employees Facing Layoffs in 2026
The California WARN Act requires employers to provide reasonable notice to workers before mass layoffs. In January 2026, Senate Bill 617 went into effect, expanding the notifications employers must provide under the WARN Act.  If you are facing a layoff in California in 2026, your employer must adhere to the new provisions under SB 617. Failure to do so could leave them liable for your damages.  Here is what you need to know about SB 617. 
Employment-Linked Debt-Man leaving door with broken chain behind him
Employment Law February 3rd, 2026
How AB 692 Protects Workers From Employment-Linked Debt
Assembly Bill No. 692 went into effect in California on January 1, 2026, offering essential workplace protections against employment-linked debt. Understanding how this bill protects you and what it actually means for your workplace rights is important, especially if you suspect your employer has requested payment from you after you left the position.  Here's what you need to know about AB 692 and how it protects workers from employment-linked debt. 
right-to-sue letter, illustration of key to the left of an open door.
Employment Law January 28th, 2026
Can You Sue Without a Right-to-Sue Letter?
If your employer has violated your workplace rights such as discrimination and harassment, you may be considering legal action. But you may have heard that the Equal Employment Opportunity Commission (EEOC) only issues right-to-sue letters after reviewing employment cases and assessing whether an employer acted unlawfully. 
Vector

Ready to get started?

Contact us now for a free consultation to find out how we can help you.