Sexual Harassment

The following types of verbal or physical conduct are examples of sexual harassment:

• Lewd comments or jokes of a sexual nature – this includes those communicated via email or text.
• Sexually suggestive touching, groping or physical contact without the individual’s consent.
• Invasion of an employee’s personal space or physically impeding their movements.
• Staring at employee or their body in an unwelcomed or sexual manner (leering).
• Unwanted sexual advances.
• The solicitation of activities and/or relationships which are romantic or sexual in nature.
• Posting, circulating or displaying sexually explicit or sexually offensive material in the workplace.
• Viewing and/or distributing pornography in the workplace.

Under California law, an employer is strictly liable when a manager or supervisor engages in sexual
harassment of a subordinate. This means that if a manager or supervisor sexually harasses a subordinate, the
employer is held responsible. However, an employer is held liable for harassment between co-workers only if
the employer was aware (or became aware) of the harassment and failed to failed to take appropriate and
corrective action.  In both cases though, the individual employees perpetrating the harassment are personally
liable for their conduct. Employers are also held liable for harassment by their customers or clients, if the
employer was aware (or became aware) of the harassment and failed to take appropriate and corrective action
to protect an employee from further harassment.