Requests for Sexual Favors
California employees have robust workplace protections, including protection against sexual harassment and hostile work environments. Few work experiences are as distressing as facing a request for sexual favors from an employer, supervisor, manager, or any coworker in a position of power.
Unfortunately, this egregious form of sexual harassment still sometimes occurs in California’s workplaces, but an experienced Orange County sexual harassment attorney is ready to help you achieve a sense of justice and financial accountability. Call us at (949) 380-0900 for a free consultation on your harassment case today.
A Request for Sexual Favors Is Workplace Sexual Harassment In California
When a person in a position of power in the workplace asks a subordinate for intimate acts in exchange for promotions, raises, better hours, or other job benefits, or threatens penalties, such as firing, demotion, or reduced hours if a subordinate doesn’t comply with demands for sexual encounters, it’s considered quid pro quo sexual harassment.
Sexual harassment, including requests for sexual favors, is workplace discrimination under both the U.S. Civil Rights Act and California’s Fair Employment and Housing Act (FEHA). Unwanted requests for sexual favors can be blatant requests or hints and subtle pressure for compliance to qualify as quid pro quo sexual harassment.
Being exposed to requests for sexual favors at work creates an unsustainably hostile work environment for the employee who is the subject of the harassment. Both sexual harassment and hostile work environments are actionable forms of workplace discrimination.
Both state and federal laws prevent employers from placing employees in uncomfortable and untenable positions at work due to forms of discrimination, including sexual harassment.
What Should I Do If I Experience Requests For Sexual Favors at Work?
It’s important to take immediate action after a request for sexual favors at work. First, make sure you feel safe. Move to a public area if possible. Then, clearly reject the behavior by explaining that the wrongful party’s conduct is unwanted and makes you feel uncomfortable and/or unsafe. Later, state this clearly in writing or by email, and keep a copy. Then, take the following actions to protect yourself:
- Document the date, time, and location of the request or multiple requests for sexual favors, and a detailed description of the event(s)
- Document all subsequent interactions
- Keep any written or electronic messages or voicemails that display the harassment, as well as your written response
- Review your company’s employee handbook for reporting steps, then
- Report the sexual harassment in writing to your company’s HR department, or a high-level manager, using clear terms, including “quid pro quo” and “requests for sexual favors”
If the HR department does not immediately address and correct the situation, or you’ve experienced adverse financial consequences at work due to the harassment, hire a professional Orange County employment lawyer for legal representation.
Is My Employer Liable for My Quid Pro Quo Sexual Harassment Claim?
If you’ve been subjected to unwanted requests for sexual favors at work by someone in a position of power, and experienced tangible adverse effects for your denial, such as demotion, reduced pay or work hours, or the denial of promotions or other opportunities due to your rejection of the request for sexual favors, then your employer may be held liable for your tangible losses as well as for compensation for your emotional distress.
How Can an Orange County Employment Lawyer Help Me?
Employers use common defenses against liability in workplace sexual harassment cases, such as claiming they used reasonable care to prevent and/or address the harassment. For this reason, it’s crucial to hire an experienced Orange County sexual harassment attorney to actively and aggressively represent your best interests and maximize your chances of a result in your favor.