SEXUAL HARASSMENT FACT SHEET
Sexual harassment is a form of sex/gender discrimination, including pregnancy, gender identity, gender expression, or sexual orientation. It affects individuals of any gender and does not require sexual desire or opposite-gender parties.
TWO TYPES OF SEXUAL HARASSMENT:
Quid pro quo: Employment benefits in exchange for sexual conduct.
Hostile work environment: Unwelcome sex-based conduct that disrupts work or creates a hostile setting. One severe act may be enough.
EXAMPLES INCLUDE:
Unwanted advances
Promising benefits for sexual favors
Leering, gestures, sexual images
Derogatory or graphic comments
Obscene messages
Unwanted touching or blocking movement
Retaliation for complaints
FILING A COMPLAINT:
You can file with CRD within 3 years of the last harassment or retaliation act. CRD investigates and may seek damages, court orders, and attorney’s fees. You may also file a private lawsuit after receiving a Right-to-Sue notice.
EMPLOYER RESPONSIBILITIES:
All employers are covered. They’re liable for supervisor and agent harassment. They must prevent and address harassment, including from non-employees. They must investigate complaints, protect confidentiality, avoid retaliation, and follow training laws.
MANDATED ACTIONS:
Distribute this fact sheet or compliant materials.
Post the CRD “Workplace Discrimination” poster.
Create a written prevention policy including a complaint process and protected groups.
Share the policy (e.g., email, print, orientation).
Translate it if 10%+ of workers speak another language.
Provide required sexual harassment training for all employees (1 hour for nonsupervisory, 2 for supervisory, every 2 years).
TO FILE A COMPLAINT:
Visit calcivilrights.ca.gov/complaintprocess
Toll-Free: 800.884.1684 | TTY: 800.700.2320
See poster for more details.