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Everything You Need to Know About Sexual Harassment in California
Sexual harassment in the workplace is a distressing and pervasive issue that affects workers across all industries and demographics.
In California, sexual harassment is prohibited by both federal and state laws, including the Fair Employment and Housing Act (FEHA). These laws provide avenues for legal recourse for workers who experience sexual harassment. By understanding the nuances of workplace sexual harassment and how it can occur, workers can hold their employers accountable and pursue compensation for the unlawful treatment they endure.
Types of Sexual Harassment
Sexual harassment is unwanted conduct of a sexual nature, including pressure for sexual favors, unwelcome advances, and other verbal or physical actions. Workplace sexual harassment falls under two main categories: quid pro quo and hostile work environment.
Quid pro quo (“this for that”)
A person in a position of power, like a supervisor or manager, makes job benefits conditional on sexual favors. Examples include promising employees promotions in exchange for sexual acts or threatening lower performance reviews for refusing sexual advances.
Hostile work environment
Unwelcome sexual conduct creates a work environment that is intimidating, offensive, or interferes with a worker’s ability to do their job. Inappropriate sexual comments, lewd jokes, unwanted touching, or displays of pornography can all contribute to creating a hostile work environment. Sometimes even a single severe incident can rise to the level of harassment.
California law protects employees from harassment by coworkers, clients, supervisors, and other individuals linked to the workplace.
Sexual Harassment in California by the Numbers
The Equal Employment Opportunity Commission (EEOC) is a federal agency that investigates discrimination and harassment charges filed against employers. It also tries to resolve workplace disputes that involve unlawful treatment of workers. Between 2018 and 2021, the EEOC received 27,291 charges alleging sexual harassment, making up 35.4 percent of the total charges filed with the agency nationwide. There has been an overall increase in the percentage of sexual harassment charges filed each year from 2018 onwards.
Let us take a closer look at sexual harassment complaints in California. The state’s Department of Fair Employment and Housing (DFEH) enforces the FEHA and protects workers from employment discrimination. Out of the 13,708 right-to-sue employment cases the DFEH received in 2020, there were 5,597 claims based on hostile work environment sexual harassment and 2,371 quid pro quo sexual harassment claims filed.
A 2019 report noted that California had a 5 percent higher rate of sexual harassment among women and a 10 percent higher rate for men compared to the national average. The study was conducted by the Center for Gender Equity and Health at the University of California San Diego School of Medicine. The research was the first of its kind to examine the scope of sexual harassment across the state.
Over 86 percent of California women and 53 percent of men said they have faced some form of sexual harassment in their lifetime. Additionally, verbal sexual harassment was found to be more commonly reported compared to other types of sexual harassment. Nearly half of men, 48 percent, and 81 percent of women said they faced verbal sexual harassment. Around 44 percent of women and 31 percent of men experienced unwelcome sexual touching.
Sexual Harassment is Underreported
Studies suggest that the prevalence of sexual harassment in California workplaces may be underestimated, as many incidents go unreported. Some workers fear retaliation or reputational damage for speaking up.
Other employees do not believe their employer will adequately address the misconduct and that reporting it will do little to improve the situation at work. They also do not trust their employer’s existing channels for bringing complaints about sexual harassment. Furthermore, the unchecked behavior of supervisors, coworkers, and others can create a work culture of fear.
The EEOC reported that 43.5 percent of the 27,291 sexual harassment charges it received between 2018 and 2021 included a retaliation charge. Another study found that less than one-third of workers who have faced sexual harassment bring it up with a supervisor. Even fewer employees file a formal complaint.
One in 7 women and 1 in 17 men have quit a job, changed employment or looked for a new job assignment due to sexual harassment, according to UC San Diego’s National Study on Sexual Harassment and Assault. A 2022 report by AllVoices, an employee relations platform, found that 34 percent of workers left their jobs due to unresolved harassment issues.
The impact of workplace sexual harassment is not just limited to financial issues and career prospects. Workers who are subjected to sexual harassment may experience anxiety, depression, reduced job satisfaction, low morale, and other negative effects on their mental health. More than 52 percent of employees claimed they did not feel safe psychologically at work because of harassment, according to the AllVoices study.
Employer Responsibility to Address Sexual Harassment
California employers are legally obligated to take proactive measures to prevent and address sexual harassment in the workplace. This includes developing and enforcing clear policies prohibiting harassment, conducting regular training sessions for employees and supervisors, and establishing effective channels for reporting misconduct.
Research suggests that workers are more likely to report wrongdoing if there is no risk of retaliation or other consequences. Around 85 percent of workers said they would feel more comfortable reporting harassment if their employer had an anonymous platform for complaints.
Retaliating against a worker who reports sexual harassment is unlawful
Retaliation can take various forms, such as firing an employee, giving them unfavorable job assignments or cutting their hours. When an employer fails to handle a sexual harassment complaint properly, workers may consider taking legal action. A skilled employment lawyer can file a sexual harassment lawsuit to help the employee recover compensation and urge their employer to change unlawful workplace practices.
Sexual Harassment Across Different Industries
While sexual harassment can occur in any type of workplace, certain industries are known to have higher rates of misconduct. In 2022, Safer America released an analysis of data from the EEOC and other sources to determine which industries had the most workplace sexual harassment claims.
The EEOC found that the industries with the highest numbers of sexual harassment charges were the retail sector, along with accommodation and food services. Together, they comprised about 25 percent of all such reports the agency received. According to Safer America, 14 percent of sexual harassment claims were brought by women in the leisure and hospitality industries. Additionally, 75 percent of workers claimed they faced retaliation after reporting sexual harassment.
Restaurant Industry
Sexual harassment remains a significant problem in the restaurant industry. One Fair Wage, a nonprofit organization, surveyed restaurant workers in 2022 to examine their experiences with sexual harassment in the industry.
Nearly 50 percent of women and 33 percent of men reported facing an increase in harassment from customers or supervisors since the COVID-19 pandemic. Among female restaurant workers, 71 percent said they have experienced sexual harassment at least once while working in the restaurant industry. Of those, 44 percent said they were harassed by someone in a management or ownership role.
Female restaurant employees face numerous challenges with misconduct on the job. Tipped workers, especially women, are reluctant to report harassment as they experience significantly more retaliation compared to their non-tipped counterparts. Around 34 percent of women who were formerly tipped employees quit their jobs due to sexual harassment. Among the One Fair Wage survey respondents who faced sexual harassment, 98 percent of workers said they were subjected to at least one incident of retaliation from a person in charge.
Tech Industry
In California, the tech industry stands out as having a high level of gender imbalance with a workforce that comprises more men than women. Women are often underrepresented in tech, holding just 26 percent of senior-level positions at Fortune 500 companies. Around 72 percent of women in the industry reported being outnumbered by men 2-to-1 in meetings.
Women who work in male-dominated fields often struggle to deal with a workplace culture in which there is little accountability for harassment or discriminatory treatment. They may also be discouraged from speaking up about wrongdoing.
Large companies like Activision Blizzard and Uber have been in the news for discrimination and sexual harassment allegations. A 2023 survey by Women Who Tech found that 42 percent of women employed in the tech industry have experienced harassment. Around 52 percent of women said the harasser was a coworker, while 37 percent identified a supervisor as the perpetrator and 35 percent said senior leadership committed the harassment.
Data shows high instances of quid pro quo sexual harassment at tech companies. According to the Women Who Tech data, 20 percent of women said they were propositioned for sex in return for a promotion. Among women founders in tech who have faced sexual harassment, the most common form of harassment was unwanted physical touch, reported by 60 percent of survey respondents. About 42 percent of women were subjected to sexual slurs, while 15 percent were groped.
Sexual Harassment in the Digital Age
Sexual harassment is not just limited to traditional workplaces. The transition to remote work, accelerated by the COVID-19 pandemic, has reshaped traditional workplace dynamics and introduced new challenges in addressing sexual harassment. With employees communicating primarily through digital channels, including email, video conferencing and instant messaging platforms, the boundaries between professional and personal interactions have become increasingly blurred.
Around 38 percent of workers have reported experiencing harassment during remote work. The harassment occurred via email, chat apps, video conferencing or phone calls. Furthermore, 24 percent of employees claimed that harassment continued or worsened when transitioning to remote work platforms.
In a 2022 survey, AllVoices found major differences in how employees of different races and genders experienced remote workplace harassment. Out of 822 workers surveyed, nearly 40 percent of female respondents faced sexual harassment and around 36 percent discriminatory harassment, both more than their male counterparts.
Sexual Harassment & Remote Work
Compared to white employees, non-white employees were 9 percent more likely to say that harassment continued or worsened while working remotely. They were also 8 percent less likely to report harassment than white workers. The report found that 39 percent of Black employees have experienced harassment during remote work, while just over 36 percent experienced racial discrimination.
Sexual harassment can manifest in a variety of ways during remote work. It can consist of sexually suggestive emails, inappropriate texts or video calls, unwanted virtual advances, pressure to webcam during work hours, or sharing sexually explicit content through online platforms. Moreover, the lack of in-person supervision and formal workplace structure can embolden harassers and make it more difficult to detect and address instances of sexual harassment.
California employers must adapt their policies and training programs to address the unique sexual harassment risks associated with remote work. Employees should have access to effective reporting mechanisms like confidential hotlines or online channels, regardless of their physical location. Fostering a culture of accountability in both virtual and physical work environments is vital for preventing sexual harassment.
Spotlight on Gender and Race
Data shows that different demographic groups within California’s workforce have varying experiences of sexual harassment. Recognizing the intersectionality of gender, sexual orientation, race, and other factors is essential when examining sexual harassment in the workplace. California’s FEHA protects workers from harassment and discrimination based on these and other personal characteristics such as age, national origin, and disability.
Consult With a Knowledgeable San Francisco Sexual Harassment Lawyer
San Francisco Employment Lawyers
Sexual harassment remains an issue for many workers across California. McCormack Law Firm is dedicated to helping workers fight unlawful treatment in the workplace. Our San Francisco employment lawyers will help you recover the compensation you deserve and hold your employer accountable for the sexual harassment you experienced.
By examining the different facets of sexual harassment in California workplaces, it is possible to see just how complex the issue is. Each worker’s experience is different and requires a unique approach when building a strong case. At McCormack Law Firm, we are ready to provide you with tailored legal representation. To learn more and schedule a free consultation to speak with an attorney about your situation, call (415) 925-5161.
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