California recognizes two forms of unlawful sexual harassment: quid pro quo, where employment benefits are conditioned on sexual conduct, and hostile work environment, where unwelcome conduct of a sexual nature is severe or pervasive enough to alter working conditions. In the post “me too” era, what employers previously got away with as joking or mutual flirtation is not longer something that society turns a blind eye to.
Under FEHA, a single severe incident can support liability. The Legislature rejected the more demanding federal “severe or pervasive” standard in 2019, and California courts have applied the lower bar consistently since.
Employers are strictly liable for sexual harassment committed by supervisors. They are liable for harassment by coworkers or third parties if they knew or should have known about the conduct and failed to take prompt, effective corrective action. Available remedies include lost wages, emotional distress damages, punitive damages, and attorneys’ fees.
If you believe you were sexual harassed, contact us immediately.