What Constitutes Sexual Harassment?

Home English FAQs Labor and Employment California

What Constitutes Sexual Harassment?

State regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes genderbased harassment of a person of the same sex as the harasser. The following is a partial list of prohibited behavior:

Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters.
Verbal conduct: making or using derogatory comments, epithets, slurs and jokes. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual.
Physical conduct: touching, assault, impeding or blocking movements.
Offering employment benefits in exchange for sexual favors.
Making or threatening retaliatory action after receiving a negative response to sexual advances.

Other California Labor and Employment FAQs

Q: What Does The State Of California Public Safety Officers Procedural Bill Of Rights Act (Pobar) Govern?
A: The Public Safety Officers Procedural Bill of Rights (POBAR) Act provides for elements of procedural rights that must be followed toward public safety officers when … More
Q: Who Does The Pobar Act Cover?
A: The act covers all public safety officers in the State of California, both employed by the State or local governments. Public Safety Officers of the State of … More
Q: What Administrative Body May Impose Remedies For A Violation Of The Pobar Act?
A: If a violation occurs, POBAR is enforceable in superior court. An officer does not have to exhaust administrative remedies to sue his agency in superior court. If the … More
Q: Does The Pobar Act Apply If An Officer Is Interrogated By An Outside Agency?
A: POBAR only covers an officer if his or her commanding officer or any other member of the employing public safety department interviews him or her. An officer who is … More
Q: How Do Self-Incrimination And The Lybarger Warning Affect An Interrogation Under The Pobar Act?
A: An interrogation of an officer can be administrative or criminal. The employer can order an officer to answer questions. POBAR requires that if an officer refuses to … More
Q: How Does The Pobar Act Apply To Interrogations By The Press Or Media?
A: The employer cannot cause a public safety officer under interrogation to be subjected to visits of the press or news media without the officer`s express consent. The … More
Q: How Does The Pobar Act Treat Adverse Entries Into An Officer's Personnel File?
A: Officers have the right to receive notice of adverse comments entered into their personnel file and have 30 days to write a rebuttal. The officer must be given the … More
Q: How Does The Pobar Act Treat Employer Searches And The Officer's
A: POBAR specifically addresses searches and provides that any space under the employer`s control (such as a personal storage space or locker) may be searched by the … More
Q: How Does The Pobar Act Treat Polygraph Examinations?
A: Under POBAR, the officer has an absolute right to decline to take a polygraph examination. No disciplinary action or other reproach can be taken against an officer for … More
Q: How Does The Pobar Act Treat The Officer's Right To An Administrative Appeal?
A: POBAR provides that an officer must be given an opportunity for an administrative appeal whenever there is a punitive action against that officer or denial of … More