Hostile work environment sexual harassment occurs where the sexual conduct had the purpose or effect of interfering with work or creating an intimidating, hostile environment. To establish a case for hostile work environment sexual harassment under either Title VII of the EEOC or the FEHA an employee must allege: 1) The employee was subject to unwelcomed or unwanted sexual advances, conducts, or comments; 2) The harassment was sexual in nature; and 3) The harassment was so severe that it created an abusive workplace environment.
An employer can only be held liable for the harassment if the employer knew or should have known of the harassment and failed to take immediate action. The harassment may be committed by supervisors, coworkers, and nonemployees. The harasser's motive is irrelevant, as long as the environment is hostile to the employee. While most hostile work environment sexual harassment cases involve heterosexual harassment, they may also take the form of same-sex harassment.
If you believe you have been a victim of hostile work environment sexual harassment, please do not hesitate to contact a Orange County Sexual Harassment Lawyer today.
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