What Qualifies as “Unwelcome” Conduct?

Sexual Harassment Lawyers Serving the Orange County Region

Sexual harassment in the workplace is by definition conduct that is unwelcomed. The unwelcome nature of the conduct, whether it’s quid pro quo or hostile environment is the key component in this matter. Unwelcome conduct consists of any behavior that is sexual in nature or gender-based that you do not initiate and you find personally offensive. Crude come-ons, demeaning remarks, explicit sexual stories and jokes told verbally or sent through office emails or bulletin boards, sexist comments, attempts at groping or fondling, and implications or threats that you must engage in sexual activity to keep your job are all examples of unwelcome conduct.

If you agree with or consent to another's joking, advances, or physical touching, then that may not constitute sexual harassment. Similarly, consensual dating or other consensual sexual conduct between you and a supervisor or coworker may, or may not, constitute sexual harassment, depending upon the specific circumstances. For example, the supervisor may claim that a relationship was consensual, while you may have submitted to the relationship out a fear of losing your job. You may have a claim for sexual harassment if the sexual advance itself was unwelcome, even if your submittal to it was “voluntary.” Furthermore, even an actually consensual relationship that you have ended may constitute sexual harassment or retaliation if there is retribution against you for ending the relationship.

How you receive and respond to the behavior may determine whether you find it unwelcome or not. If you do find such conduct unwelcome, you should not hesitate to make your reaction known, clearly and promptly. 

Report Sexual Harassment at Work

If you have encountered any type of sexual harassment at work, you should report it to the proper person in the organization and contact Harris Grombchevsky LLP to arrange a confidential consultation with one of our Orange County sexual harassment attorneys at your earliest opportunity. Our law firm has been helping clients with employment law and sexual harassment matters for many years, and we are standing by to help you too.

With more than 90 years of combined legal experience behind us, our firm has the extensive knowledge, skills, and dedication to help you seek legal recourse and to protect your rights in the workplace. By so doing, you will also help to make your work environment safe and harassment-free for others.

If you have been a victim of any type of workplace sexual harassment in Orange County, San Diego, Los Angeles, or Riverside, contact our legal team by calling (888) 427-8064 or filling out our online contact form.