I believe I’m being sexually harassed at work and I just wanted to know what my options are and if you need any proof and if you do how do I get it and what do I do?
To answer this question I want to tell you the two types of sexual harassment that exist under the law in California. The first one is quid pro quo. That’s where your boss makes a sexual advance and makes a term and condition of your employment that you submit to the sexual advance. In other words if you don’t have sex with me you don’t have a job.
The second type is much more common it’s what they call hostile work environment sexual harassment. You probably heard that term before other people have used it when they call in to my office. Hostile work environment sexual harassment is any sexual behavior which I is unwelcome and offensive to you and the key is however that it must be pervasive. Pervasive means it must happen more on a regular basis it cannot be an isolated instance. If you’ve been working at a company for three years and your boss a couple of times is done something that sexually inappropriate or made a sexually inappropriate comment that’s not enough for hostile work environment sexual harassment it has to be regular enough to alter the terms and conditions of your employment.
If you have that situation and if you call me I’m going to bring you into the office and the first question that I’m going to ask you have you complained to human resources? Have you complain to management about the behavior? Because if you have not, you cannot expect the company to address it. So that’s always the first thing that you need to do, to let the company be aware. And if the company doesn’t properly address it, which I can tell you about in the consultation, then they’re going to have to pay it.