Workplace Sexual Harassment Cases and Whistleblowing Claims
In California, as in most states, sexual harassment is a violation of law. California law prohibits sexual harassment of all types in employment and requires employers to train supervisors on how to prevent and deal with sexual harassment. Under the California Fair Employment and Housing Act, sexual harassment in employment takes two forms: quid pro quo (literally, “something for something”) harassment and hostile work environment harassment.
Quid Pro Quo Harassment
Quid pro quo harassment occurs when a supervisor, either expressly or impliedly, requires a subordinate to submit to sexual advances by threatening the subordinate with an adverse employment action, such as a bad review, demotion, or termination. For example, the Silicon Valley start-up founder mentioned above has engaged in quid pro quo harassment by conditioning a promotion on the subordinate’s agreement to go on a social date.
Quid pro quo harassment can only be committed by a supervisor, manager, or another employee who is in a position to take some tangible employment action against the victim. Coworkers who are on equal footing and who demand sexual favors are not engaging in quid pro quo harassment. However, they may be creating a hostile work environment, as defined below.
Hostile Work Environment Harassment
The other type of sexual harassment recognized under California law is called hostile work environment sexual harassment. Unlike quid pro quo harassment, any employee can create a hostile work environment. With this type of harassment, there doesn’t need to be the threat of an adverse employment action. Instead, the harasser engages in unwelcome conduct, based on sex, which creates a workplace that is intimidating, hostile, or offensive to a reasonable person. For example, the programmer in the introduction may be creating a hostile work environment by posting photos that others find offensive. For there to be a hostile work environment, there are several elements that must be met.