What constitutes sexual harassment text on top of a picture of a workplace in Los Angeles

What Constitutes Sexual Harassment at Work in Los Angeles

Sexual harassment in the workplace remains a serious issue across industries in Los Angeles. Whether it happens in an office, retail store, restaurant, or warehouse, California law provides strong legal protections for employees who are subjected to unwanted, inappropriate, or abusive conduct at work. But how do you know what behavior crosses the line?

Understanding what constitutes sexual harassment is the first step in recognizing, reporting, and stopping it. This guide outlines what counts as sexual harassment under California law, common examples, and what employees in Los Angeles can do if they experience or witness harassment in the workplace.

Understanding Sexual Harassment in California Workplaces

In California, workplace sexual harassment is broadly defined to protect employees from a wide range of inappropriate and discriminatory conduct. Under the Fair Employment and Housing Act (FEHA), harassment includes any unwelcome behavior of a sexual nature, or conduct based on sex, gender, gender identity, gender expression, or sexual orientation, that interferes with an employee’s ability to do their job or creates an intimidating, hostile, or offensive work environment.

The law does not require the behavior to be overtly sexual or physically threatening to qualify as harassment. Inappropriate conduct can be verbal, non-verbal, physical, or digital. What matters is not the harasser’s intent, but the effect the behavior has on the person experiencing it. If the conduct is unwanted and disrupts the ability to work in a safe and respectful environment, it may be considered unlawful.

Importantly, the harasser does not have to be a supervisor or employer. Under California law, harassment by coworkers, clients, vendors, or customers may also be grounds for legal action, especially if the employer fails to take appropriate corrective measures.

California maintains some of the strongest workplace protections in the country. Employers in Los Angeles and throughout the state are required to maintain a work environment free from harassment and take proactive steps to prevent and address any issues that arise.

What Really Is Sexual Harassment – And How Do You Know If It Happened to You?

Sexual harassment isn’t always obvious. Many workers in Los Angeles wonder whether what they experienced “counts” – especially if no one touched them, or if they laughed off a comment in the moment. The truth is: sexual harassment is about how the behavior makes you feel, not whether it seemed harmless to the other person.

At its core, sexual harassment is any unwelcome behavior that targets you because of your sex, gender, or sexual orientation, especially when it affects your ability to feel safe, respected, or supported at work.

If you’re asking yourself things like:

  • “Was that comment inappropriate, or am I being too sensitive?”
  • “I didn’t say no right away – does that mean I agreed?”
  • “I went along with it because I felt pressured. Does that still count?”

The answer may be yes – you could be experiencing sexual harassment.

Some signs to look for include:

  • You dread going to work because of how someone treats you.
  • You feel uncomfortable, anxious, or unsafe after conversations, messages, or interactions with a coworker, manager, or customer.
  • You’ve changed how you dress, speak, or behave at work just to avoid being targeted.
  • You feel like you have to put up with it to keep your job or avoid conflict.

Even if no one physically touched you, verbal remarks, persistent flirting, inappropriate jokes, sexual comments, gossip about your personal life, or being treated differently because of your gender or orientation may be enough to create a hostile work environment under California law.

And importantly: harassment does not have to be directed at you personally. If someone else is creating an offensive or degrading environment that creates a hostile workplace by doing things like constantly making sexual jokes or displaying explicit material, and it’s affecting your ability to work, that may also be illegal.

If you’re unsure, trust your instincts. Document what’s happening and talk to someone. You don’t have to figure it out alone. A conversation with an experienced Los Angeles sexual harassment attorney can help you understand what your experience means under the law.

Common Examples of Sexual Harassment in Los Angeles Workplaces

Sexual harassment can be verbal, physical, nonverbal, or digital. Here are some common forms of harassment that may create a hostile environment or lead to legal claims:

  • Unwelcome Sexual Advances: Repeated requests for dates, sexual favors, or romantic interactions that are not reciprocated or desired.
  • Inappropriate Jokes or Comments: Sexual jokes, remarks about someone’s appearance or body, or derogatory comments about gender or sexual orientation.
  • Touching or Physical Conduct: Hugging, groping, brushing up against someone, or any physical contact without consent.
  • Staring, Leering, or Suggestive Gestures: Nonverbal actions that make someone uncomfortable or objectified in the workplace.
  • Sexual Texts, Emails, or Messages: Sending inappropriate content through company email, messaging platforms, or social media.
  • Retaliation After a Complaint: Being punished, demoted, isolated, or fired for reporting harassment or refusing sexual advances.

Harassment can come from supervisors, managers, coworkers, clients, vendors, or even customers. And it doesn’t have to be directed specifically at the victim, overhearing offensive jokes or witnessing harassment can still contribute to a hostile work environment.

Types of Sexual Harassment Recognized Under California Law

California recognizes two primary forms of workplace sexual harassment:

1. Quid Pro Quo Sexual Harassment: This occurs when a supervisor, manager, or person in a position of authority offers job benefits, such as a raise, promotion, or continued employment in exchange for sexual favors. It also includes threats of termination or demotion for refusing such advances. In Los Angeles workplaces, this might happen during performance reviews, interviews, or direct conversations with supervisors.

2. Hostile Work Environment: This type of harassment happens when the workplace is filled with severe or ongoing unwanted conduct that makes it hard to do your job. This could include repeated inappropriate jokes, unwanted touching, or persistent sexist comments. For example, if you work in a Los Angeles tech company and are constantly exposed to inappropriate memes, group chats, or offhand remarks, this may qualify as a hostile work environment.

Industries Where Sexual Harassment Happens in Los Angeles

Sexual harassment in the workplace can happen in any industry, at any level of employment, and to any type of worker. In Los Angeles, harassment is especially common in environments where power dynamics are unequal, where employees regularly interact with the public, or where oversight is limited.

Some of the industries in Los Angeles most commonly affected include:

  • Restaurants and Hospitality: Waitstaff, bartenders, and hotel workers often face unwanted touching, sexual comments, or pressure from customers, managers, or coworkers. Many hospitality employees in Los Angeles report feeling they must tolerate inappropriate behavior to keep their jobs or tips.
  • Healthcare and Caregiving: Nurses, aides, and other caregiving professionals may face harassment from patients, supervisors, or coworkers. These roles often involve physical proximity and long shifts, which can make it harder to speak out or escape hostile environments.
  • Education: Teachers, administrators, and staff members may encounter inappropriate behavior from colleagues or even students. In Los Angeles schools and universities, workers may hesitate to report harassment due to fear of damaging their reputation or career prospects.
  • Corporate Offices and Tech Companies: Even in professional office settings, power imbalances can lead to quid pro quo harassment or hostile work environments. In Los Angeles’ growing tech scene, startup cultures and informal hierarchies can lead to blurred boundaries and unaddressed misconduct.
  • Retail Stores and Shopping Centers: Retail workers often report being harassed by customers, managers, or coworkers. In Los Angeles, where retail jobs are common and fast-paced, employees may be discouraged from speaking up to avoid losing hours or risking termination.
  • Entertainment and Media: Los Angeles is a global hub for entertainment, and this industry has long struggled with sexual misconduct issues. Actors, production assistants, stylists, and behind-the-scenes professionals may face unwanted advances, exploitation, or harassment tied to career opportunities.

In addition to these industries, harassment also occurs in warehouses, transportation, security services, salons, and construction. No workplace is immune.

Importantly, California law protects all workers in Los Angeles, regardless of industry, job title, or employment classification. That means:

  • Interns, volunteers, and temporary workers are protected
  • Independent contractors and freelancers have rights under the Fair Employment and Housing Act (FEHA)
  • Employers must take steps to prevent harassment and respond when it happens

If you work in Los Angeles and have experienced sexual harassment, you are not alone, and legal help is available.

What to Do If You Experience Sexual Harassment at Work

If you’re being sexually harassed at work in Los Angeles, take the following steps to protect yourself:

  • Document Everything: Keep a written record of each incident, including dates, times, names, and what happened. Save any messages, emails, or photos as evidence.
  • Report Internally: If safe, report the harassment to your manager, HR department, or another designated contact. Try to report in writing and keep a copy for your records.
  • Speak with a Sexual Harassment Attorney: A Los Angeles employment lawyer can help evaluate your case, file a claim, and protect your rights.
  • File a Complaint with CRD or EEOC: Before filing a lawsuit, you’ll generally need to file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) and obtain a Right to Sue letter.

What Laws Protect You?

California’s Fair Employment and Housing Act (FEHA) provides some of the strongest workplace protections in the country. Under FEHA:

  • Employers with at least one employee are covered.
  • Supervisors and employers can be held legally responsible for harassment.
  • Independent contractors, interns, and volunteers are protected.
  • Employers must provide anti-harassment training and have written policies.
  • Retaliation for reporting harassment is strictly prohibited.

At the federal level, Title VII of the Civil Rights Act of 1964 also makes sexual harassment illegal, but it only applies to employers with 15 or more employees. Both federal and state laws protect workers from retaliation for filing complaints or cooperating in investigations.

If you have experienced sexual harassment or think that you have a claim and what to speak with an attorney about your experiences, reach out to the legal team at Miracle Mile Law Group for a free consultation.