Sexual Harassment Training
In our Sexual Harassment Awareness
training seminars your employees will learn and apply
the important skills of handling sexual harassment issues
and complaints. This hands on workshop thoroughly addresses
the elements of how to
prevent unacceptable
behavior. The class includes a detailed
overview of what sexual
harassment is, explains legal definitions, discusses sexual
harassment prevention, and shows how to handle sexual
harassment complaints and maintain a positive work
environment.
For more information about individual sexual harassment
training courses please complete
this form. Once the form is received one of our
consultants will provide you with a confidential proposal
that will include a detailed description of the training
seminar and the costs for conducting it.
Sexual Harassment Training:
General Information on Sexual Harassment
1. What is sexual harassment?
Sexual harassment under California and Federal law is
generally defined as unwanted sexual contact of two main
types: (a) quid pro quo harassment which occurs when
employment is conditioned on the submission to unwelcome
sexual advances, or (b) unwelcomed sexual conduct that was
severe or pervasive enough to create an abusive
environment for the employee.
2. Who can sue for sexual harassment in the work place?
Any person who works for any company can sue for sexual
harassment.
3. Does the sexual harassment have to be perpetrated by a
member of the opposite sex?
No. Both male and female employees are protected by
California sexual harassment laws and are protected from
sexual harassment by a member of the same sex even if the
perpetrator and/or the victim are not homosexuals.
4. Does there need to be actual touching for sexual
harassment to occur?
No. Sexual harassment has been found to include a large
range of inappropriate behavior including requests for
sexual favors, unwanted sexual advances or propositions,
verbal conduct, slurs or derogatory comments and comments
about a person's body, appearance or sexual activity.
In fact, visual harassment, including leering looks,
offensive gestures or derogatory posters, cartoons or
drawings have been found sufficient to create a hostile
environment.
5. Are sexual harassment cases limited to the work place?
No. The most frequent type of sexual harassment case arise
out of an employment relationship; however, California has
passed a special law which prohibits sexual harassment in
a very wide range of business, service or professional
relationships. California Civil Code section 51.9 lays out
the relationships covered.
6. Does the sexual harassment have to be directed at me
and how bad does it have to be for me to win my case?
Under California law, if sexual harassment permeates an
employee's work environment, they may have a claim even if
the harassing conduct is not directed at the employee
personally, but occurs in the employee's presence.
However, whether the harassment is directed at the
employee or someone else, for the plaintiff to be able to
recover, they must establish that the harassment was
severe or pervasive. The court will look at the frequency
of the conduct; the severity of the conduct; whether the
conduct was physically threatening, humiliating or was a
mere offensive utterance; and whether the conduct
reasonably interfered with the employee's work
performance. The courts will generally hold that any
sexual touching passes the severe standard.
7. Can I win a sexual harassment case if it is only my
word against the perpetrator's?
Yes. Plaintiffs frequently prevail in "he said/she said"
cases if the plaintiff is more credible than the
perpetrator, although it does help if there are other
witnesses to the sexual harassment or evidence that the
perpetrator harassed other employees.
8. I'm scared to report the harassment because I fear that
I will be retaliated against or fired. What should I do?
Don't worry. The California law protections against
retaliation for reporting sexual harassment are even
stronger than the laws that prevent the harassment from
occurring. The law strictly prohibits an employer from
retaliating against anyone who has opposed practices of
sexual harassment and/or discrimination or has filed a
complaint, testified or assisted in any proceeding
involving sexual harassment. If the employer retaliates,
the employee has yet another cause of action to sue the
employer and there has been a recent trend in California
cases for employees to receive larger verdicts for the
retaliatory conduct of the employer than for the original
sexual harassment.
9. What do I need to do to protect my rights if I have
been sexually harassed?
Generally it is wise to seek the advice of an attorney
immediately. If you want to try to work it out within your
company first, you should consult your employee handbook
and procedure manual to learn of the appropriate way to
report sexual harassment within your company. If there is
no manual, and the company has a human resource
department, it is generally wise to report the harassment
to human resources, if the company has a human resource
department.
Any report of the sexual harassment to the company should
be in writing, detailing all of the acts.
An employee can bring a sexual harassment claim against a
company while they are still working for the company.
Before bringing a lawsuit, the employee must first file a
claim with the Department of Fair Employment and Housing (DFEH)
or with the Equal Employment Opportunity Commission (EEOC).
The employee then has a choice of allowing the
administrative agency to investigate or immediately obtain
a right to sue letter.
Because the statute of limitations in sexual harassment
cases is not very clearly defined, an employee should move
quickly to find an attorney once they feel there has been
sexual harassment. It is important that the administrative
claims are filled out properly and an attorney can help in
this regard.
10. Will my case have to go to trial?
Probably not. Over 90% of sexual harassment cases are
settled prior to trial and a significant number are
settled without litigation.
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