Under Title VII of the Federal Civil Rights Act of 1964, same-sex harassment is considered illegal, even if it has been perpetuated by someone of the same sex. The court has determined that Title VII prohibits same-sex harassment by interpreting that sexual harassment does not have to be motivated by sexual desire at all.
Examples of same-sex harassment include:
Overall, making demands for sexual favors, sexual jokes, or displaying physical and verbal conduct of a sexual nature is not permitted regardless of what your gender may be or what gender you are inflicting it on.
Legal standards that result in action taking place for same-sex harassment depend on the level of severity inflicted on the victim(s). Severe harassment can easily create an unsafe or hostile work environment for the victim(s) involved, which goes against Title VII.
There are actions you can take to ensure that the offending parties do not continue with their inappropriate behaviors. Inappropriate actions may include but are not limited to non-consent for sexual touching or verbally demanding sexual activities from an individual.
In California, Fair Employment and Housing Act (FEHA) exists to prohibit all forms of sexual harassment in the workplace. FEHA protections will apply to:
The primary federal law that prohibits all forms of sexual harassment in the workplace is Title VII of the 1964 Civil Rights Act. Much like FEHA, Title VII applies to most public and private employers, employment agencies, labor organizations, and also includes employer-union apprenticeship programs that have 15 or more employees.
Typically, company policies must include same-sex sexual harassment. Same-sex harassment sometimes occur because an employer isn’t aware of existing sexual harassment policies and does not properly communicated to them to their staff.
At times, victims may just not know how to handle harassment, and the individuals inflicting these inappropriate behaviors don’t believe they are committing any wrongful actions. It is crucial to create a well-established policy for sexual harassment and communicate it effectively within the workplace to ensure that every worker exists in a safe work environment.
It is necessary to treat same-sex harassment claims like any other. A thorough investigation must be conducted to get a full understanding from both sides.
Below is a comprehensive list for employers to minimize the occurrence of this type of harassment in the workplace:
If you have made up your mind to take action, it is important to work with an attorney that specializes in cases like yours. The sexual harassment lawyers at West Coast Employment Lawyers have extensive experience handling sexual harassment cases. We will work tirelessly to gather the facts, find and interview eyewitnesses, hire experts, and fight for your rights.
We work on a contingency basis, which means we only get attorney’s fees if we are able to recover for you. Our legal team is available 24/7 and will take care of your case from start to finish. For a free no-obligation consultation with a sexual harassment attorney in California, contact our office at (213) 927-3700