Sexual harassment is generally defined as “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.” When an employer demands sexual acts in order for the employee to keep their job, to obtain a job, for promotions, raises and other benefits, this is “quid pro quo” sexual harassment, and it is illegal. Moreover, if an employee rejects such demands, an employer may not retaliate against the employee.

• Examples of inappropriate verbal conduct are inappropriate jokes, derogatory comments, gender specific slurs, sexual advances, sexual propositions, sexual innuendo, explicit discussions about sexual activities/behaviors, comments about someone’s physical attributes, whistling, and/or moaning in a suggestive manner.
• Examples of inappropriate visual conduct include displaying sexually suggestive or explicit objects, pictures, cartoons, graffiti, posters, emails, text messages, letters, and/or notes.
• Examples of inappropriate physical conduct are unwelcome touching, kissing, hugging, grabbing, leering, poking, groping, blocking movement, assault, and more.

An employer is strictly liable for sexual harassment by a supervisor. However, an employer is only liable for sexual harassment by a co-worker if the employee brings the harassment to the attention of the employer. The individual wrongdoer is also liable.

Not only is it illegal to discriminate against an employee because of sex/gender and to sexually harass someone, it is also illegal to retaliate against an employee who complains about such discrimination and/or harassment.

There are a variety of remedies for victims of harassment, and/or retaliation, which include but are not limited to:

• Back pay (lost wages)
• Front Pay (money for lost future earnings)
• Out-of-pocket expenses
• Injunctive relief
• Emotional distress damages
• Punitive damages
• Attorneys’ fees and costs

If you think that you have been sexual harassed or retaliated against for complaints of illegal sexual harassment, contact the Wagner Legal Group for a free consultation or call (310) 857-5293.