What Is Workplace Sexual Harassment?

Sexual harassment can occur in a number of ways. There is no particular way the harassment must occur to allow the employee to report it. Sexual harassment is simply unwanted sexual advances of a verbal or physical nature. Sexual harassment is particularly harmful if it affects the employment of the victim.

Examples of Sexual Harassment in the Workplace

The EEOC defines sexual harassment in its laws as recurrent or particularly severe unwanted sexual advances that create a hostile work environment or negatively affect the employment of the victim. Sexual harassment can occur amongst any genders and sexual orientations; it is equally damaging.

Examples of illegal workplace sexual harassment:

Gender discrimination
Requests for sexual favors
Sexual comments
Inappropriate jokes
Sexual innuendos
Pressure for dates or sex
Whistling or cat calls
Unwanted touching or grabbing
Unwelcome communication of a sexual nature
Obscene sexual gestures or expressions
Unwanted sexual teasing
Sexual assault
Unwelcome sexual advances
Attempted rape

As you can see from the above list, non-verbal, verbal, and physical conduct can count as sexual harassment. Even looks and gestures that create a hostile work environment count as sexual harassment. If you are in doubt about repeated behaviour, discuss it with your HR department and give them the opportunity to support you. If HR does not resolve the problem, then book a free consultation with an employment lawyer.

Filing a Sexual Harassment Claim

Your first step to dealing with sexual harassment is always to file a complaint with HR. If they do not resolve the issue, then you need to file a claim with the EEOC. You must file a complaint with the EEOC within 180 days of the occurrence of sexual harassment. So it is important to file sooner rather than later. If the sexual harassment is ongoing, then the 180-day deadline is from the most recent occurrence.

The EEOC will send an investigator to the workplace to look into the claim. They may check HR files and interview any people who may have witnessed any of the sexual harassment. If the EEOC finds that your complaint is valid, they will attempt to resolve the case through mediation. Mediation is run by a neutral third party who facilitates an open discussion between the employee and employer to find an acceptable resolution. If the mediation is unsuccessful, an investigator will look into the case further. If they find laws that are broken, they may try the case on your behalf; if not, they may issue a right to sue letter. You should retain a California employment attorney so you can seek legal advice throughout the process. They will be able to give you information about the EEOC investigation and how to best present your case.

Nakase Wade Employment Attorneys

The employment attorneys at Nakase Wade have decades of experience in employment law and have helped a number of victims of sexual harassment find justice. We have a deep understanding of sexual harassment and anti-discrimination laws at the local, state, and federal level. Contact us today to book a free consultation so we can advise you on how to best handle your situation. Our attorneys understand the need for sensitivity and confidentiality in sexual harassment cases and will be sympathetic to your story.

See all articles: Business | Corporate | Employment

Is Nepotism Illegal in California? What the Law Allows and Prohibits

California nepotism laws differ between private employers and public agencies, explaining when family favoritism is allowed and when it violates law. This article explains discrimination risks, protected classes, and employee options when favoritism crosses into unlawful conduct.

Salary Requirements California: Minimum Pay, Exempt Status, and Overtime Rules

California salary requirements cover minimum pay, exempt status, overtime rules, and equal pay standards for salaried and non-exempt workers. This article explains minimum wage levels, exemption thresholds, local wage differences, pay cuts, and legal claims under California labor laws.

Borello Test Explained: Worker Classification Rules in California

This article explains the Borello test and ABC test used for worker classification decisions under California employment law. It outlines when each test applies, key factors reviewed by EDD, and why proper classification affects taxes and worker benefits.

California Criminal Background Check 7-Year Rule: How It Affects Old Felony Records

See how California's 7-year background check rule affects old felony records, employment chances, housing access, and licensing opportunities. Find legal options like expungement, certificates of rehabilitation, pardons, and Clean Slate reforms to limit long-term damage from past convictions.

How to Get Your Guard Card in California: Training, Steps, and Requirements

Get your California guard card with step-by-step guidance on BSIS requirements, mandatory training hours, applications, and background checks. Stay updated on rule changes, online versus in-person courses, timelines, and qualifications for unarmed security guard positions.

Vacation Pay for Salaried Employees in California: Rights, Accrual Rules, and Payout Requirements

Find out how California salaried employees accrue vacation pay, keep unused PTO, and claim payout when employment ends. See common employer tactics limiting vacation benefits, plus FAQs on sick leave, caps, holiday pay, and final paycheck rights.

California Salary Threshold 2026: Minimum Wage Increase, Exempt Employee Rules, and Compliance Checklist

Stay on top of the California Salary Threshold 2026, the $16.90 minimum wage, and exempt employee pay rules. Use this practical checklist to update payroll, adjust classifications, refresh postings, and reduce wage-and-hour compliance risks in 2026.

How Long Do Employers Have to Keep W-2s: Record Retention Rules for Businesses

Find out how long employers must keep W-2s and other tax records to stay compliant with IRS retention rules. Protect your business from penalties by organizing employment tax documents, payroll files, and historical returns for the recommended periods.

PAGA Notice Statute of Limitations: California Deadlines for Filing Claims

Get a concise overview of California PAGA notice statute of limitations, one-year filing deadlines, and Labor Agency review periods. See how late filing, defective notice, or ongoing wage violations can affect eligibility and outcomes for representative PAGA claims.

California Class Action Lawsuit Basics for Workers and Consumers

Get a clear overview of California class action lawsuits, including how they work for workers and consumers seeking compensation. Find out about typical case types, key legal requirements, settlement outcomes, and the benefits and risks of joining a class.

Meal Break Waiver in California: What Employees Can Agree To

California meal break waiver rules explain when workers may skip lunch and when employers must provide uninterrupted, off-duty meal periods. See how waiver agreements, on-duty meals, and penalty pay work so employees protect rights and businesses follow California labor law.

Predictive Scheduling Laws: State and City Requirements for Employers

Get an overview of U.S. predictive scheduling laws, including covered industries, key city and state rules, penalties, and employer obligations. See which jurisdictions require advance work schedules, how predictability pay works, and how HR software supports compliance with these regulations.

Harassment Training Requirements California: Employer Deadlines, Who Must Train, and Refresher Rules

Get up-to-date California harassment training requirements for employers, including who must train, deadlines, and refresher timelines. Avoid common compliance mistakes by following California rules on sexual harassment training, protected classes, policy obligations, and required documentation.

Inside Sales Exemption California: Rules on Pay, Breaks, and Commissions

Straightforward information on California's inside sales exemption, including rules on pay, overtime, breaks, commissions, and federal FLSA requirements. See how misclassification affects overtime, meal and rest breaks, back pay, and when to contact a California employment lawyer.

How Many Hours Can a Volunteer Work per Day in California? Laws, Limits, and Rights Explained

Find out how many hours volunteers can work per day in California under labor rules, protections, and scheduling limits. Compare volunteer and employee rights, including workers' compensation, harassment protections, discrimination safeguards, and key considerations for nonprofit and public organizations.

Show Up Pay California: Employee Rights for Being Sent Home Early or Given Short Shifts

Show up pay California explains employee rights to reporting time pay when sent home early or given short shifts. Review rules, exceptions, examples, and options for unpaid wages or retaliation claims if your employer ignores California reporting time laws.

Can Managers Take Tips in California? Laws, Tip Pools & SB 648

Can managers take tips in California, and what does Labor Code Section 351 say about tip pooling and supervisors? Find out how SB 648 strengthens enforcement against tip theft, helps workers recover withheld gratuities, and increases penalties for violations.

Can Owners Take Tips in California? A Complete Guide to State Tip Laws and Employee Rights

Find out when California business owners can share in tips, how tip pooling works, and minimum wage obligations. Get a breakdown of employee tip rights, illegal practices, service charges, penalties, and protection options for California workers.

Right to Disconnect Laws in California: AB 2751 for Employers and Employees

See how California's AB 2751 right to disconnect bill could reshape after-hours communication between employers and employees. Review potential effects on work-life balance, stress, productivity, and compliance planning as organizations anticipate possible enforcement.

Defamation California: Key Laws, Legal Defenses, and Damages Explained

Get an overview of California defamation law, including libel, slander, negligence standards, and the difference between public and private figures. Review key defenses, retraction rules, and available damages such as actual, compensatory, punitive, and emotional distress awards.

What Is a Level 1 Background Check and How It Differs from Level 2

See what a Level 1 background check covers and how it compares with a Level 2 screening for hiring. Get clear facts on definitions, state lookback limits, and how better screening supports safer workplaces and less fraud.

California Vacation Rollover Law: Employee Rights, Accrued Time, and Pay Rules

This article covers California vacation rollover rules, employee rights, accrued PTO, payout duties, and employer limits under state law. It explains how unused vacation counts as wages, when employers must pay it out, and options for unpaid wage claims.

SB 553 CA: New Workplace Violence Prevention Requirements for California Employers in 2025

Get a clear overview of California SB 553 workplace violence prevention rules and new obligations for employers starting in 2025. See what policies, training, recordkeeping, and enforcement changes SB 553 brings for injury prevention plans and compliance efforts.

Labor Code 226.7: California Meal and Rest Break Requirements and Employer Penalties

California Labor Code 226.7 explains meal and rest break rules for non-exempt employees and what employers must pay when breaks stop. See how missed breaks trigger premium pay, wage claims, penalties, and class actions for violations of California break requirements.

Building an Onboarding Packet That Welcomes and Retains Employees

Create an onboarding packet that welcomes new hires, sets clear expectations, and supports lasting engagement and retention. Include culture details, training tools, policies, and thoughtful gifts to lower turnover and reduce hiring costs.

Complete Guide to New Employee Paperwork: Required Forms and Documents for 2025

Make new employee paperwork for 2025 easier with a clear checklist of required hiring forms, documents, and compliance steps. Support HR and small business owners with practical tips for organizing onboarding packets, benefit elections, direct deposit, and policy acknowledgments.

Paid Time Off California: Laws, Accrual, Vacation Pay, and Employee Rights

Get clear guidance on paid time off in California, including PTO laws, sick leave rules, accrual, and vacation payout obligations. See how California PTO rules affect vacation requests, paid sick leave, layoffs, FTE status, cash-outs, and employee rights.

Can employers test for THC in California for hiring and workplace safety?

See when California employers may test workers for THC under AB 2188 without violating state protections for off-duty cannabis use. Review allowed testing methods, safety-sensitive role policies, and steps to align workplace drug testing programs with current impairment standards.

California notice to employee as to change in relationship: Requirements, legal steps, penalties, and sample notice

This article outlines California's notice rules for changes in employment status and the steps employers must follow. It also covers required details, timing, penalties, and includes a sample notice for practical use.

Bulletproof Documentation for Employee Records: Reduce Legal Risk and Stay Compliant

Keep employee documentation compliant and consistent to reduce legal risk and protect HR, managers, and staff. Use clear records, performance reviews, and PIPs to support decisions, track progress, and maintain workplace accountability.

See all articles: Business | Corporate | Employment

1,053

What Is Workplace Sexual Harassment?

Examples of Sexual Harassment in the Workplace

Filing a Sexual Harassment Claim

Nakase Wade Employment Attorneys

Free Consultation