Understanding Your Rights Under State and Federal Law
At Lawless, Lawless & McGrath, we understand how damaging workplace sexual harassment can be—personally, professionally, and emotionally. If you’re facing unwanted behavior in the workplace, knowing your rights is the first step toward protection and justice. In this post, we’ll break down what legally qualifies as sexual harassment, how to recognize it, and what you can do if you’ve experienced it.
What Is Sexual Harassment in the Workplace?
Sexual harassment is a form of unlawful discrimination under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and various state labor laws. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to the conduct is made a term or condition of employment;
- Submission to or rejection of the conduct is used as the basis for employment decisions; or
- The conduct unreasonably interferes with work performance or creates a hostile or offensive work environment.
Two Main Types of Workplace Sexual Harassment
- Quid Pro Quo Harassment
This occurs when employment benefits (such as promotions, raises, or continued employment) are conditioned on sexual favors. It typically involves someone in a position of power—such as a supervisor or manager.
Example: A manager implies that an employee must go on a date to secure a positive performance review or promotion.
- Hostile Work Environment
This type involves unwelcome behavior that is severe or pervasive enough to create an intimidating, hostile, or offensive working environment.
Examples include:
- Repeated sexual comments or jokes
- Unwanted touching or physical advances
- Displaying sexually explicit materials
- Sending inappropriate texts or emails
What Qualifies as Unwelcome Conduct?
The key factor is whether the behavior is unwanted or unwelcome. Even if the harasser claims the conduct was a joke or compliment, it can still qualify as harassment if it made the victim feel uncomfortable, threatened, or demeaned.
The law also considers:
- The frequency and severity of the conduct
- Whether it was physically threatening or humiliating
- If it unreasonably interfered with work performance
Who Can Be the Harasser?
Sexual harassment can be committed by:
- A supervisor or manager
- A co-worker
- A contractor, client, or vendor
- Anyone in the workplace, regardless of gender or job title
Victims can be of any gender and do not have to be the direct target—witnesses to repeated harassment can also have claims if it creates a hostile environment for them.
What Should You Do If You’ve Been Harassed at Work?
If you believe you’ve experienced sexual harassment:
- Document everything – Save emails, texts, or notes detailing the conduct.
- Report it internally – Follow your employer’s reporting procedure, typically to HR or a supervisor.
- Consult an experienced sexual harassment attorney – You have legal rights, and early guidance can protect them.
Why Choose Lawless, Lawless & McGrath?
Our team has over 100 years of experience representing employees who’ve experienced workplace discrimination and harassment. We understand the sensitivity and seriousness of these cases and are committed to seeking justice for victims. When you work with Lawless, Lawless & McGrath, you can expect:
- Confidential, compassionate legal counsel
- Proven results in workplace harassment cases
- Aggressive advocacy at every stage of your case
Get a Free Consultation Today
If you’ve been subjected to sexual harassment in the workplace, don’t suffer in silence. Contact Lawless, Lawless & McGrath today for a free, confidential consultation. We’ll listen, evaluate your claim, and help you take the next step toward justice.
About Us
Lawless, Lawless & McGrath is a leading employment law firm with a focus on protecting workers’ rights in San Francisco. With decades of experience, our attorneys are recognized for their excellence in employment litigation, especially in discrimination and harassment claims.