What is Not Considered Workplace Sexual Harassment in California?

Being a victim of sexual harassment can be one of the most humiliating and confusing events of your life, particularly your professional life. You may not know exactly what to do next when reporting the behavior and seeking civil damages. However, it is also very important to distinguish sexual harassment from acceptable behaviors. Many often ask, “What is not considered workplace sexual harassment in California?”

Sexual Harassment Law Firm CA can put together a solid case if you are sexually harassed in the workplace. Additionally, your lawyer can explain your position and determine whether your case really is sexual harassment or not. You may be in a situation where something did happen to you at work, but it wasn’t sexual harassment. In that case, you still want to know what your legal standing may be.

What Is Not Considered Workplace Sexual Harassment in California?

In California, it is considered sexual harassment in the workplace when an employee engages in sexual misconduct, sexual behavior, or sexual advances that are unwelcome and unwanted. It makes the victim feel unsafe, uncomfortable, intimidated, or threatened. It can involve touching, groping, threats, comments, inappropriate jokes, and more.

Despite recognizing when you are being sexually harassed, many scenarios might appear to be sexual harassment but are, in fact, not under California state law. To legally qualify as sexual harassment, the behavior in question must be serious enough to affect your work performance, create a hostile work environment, or change the conditions of your employment. The behavior cannot be minor or an isolated incident.

In a 2024 study by the Equal Employment Opportunity Commission (EEOC), it was determined that almost 1,500 cases of workplace discrimination in California that year were the direct result of a sex-related incident, including sexual harassment. If you are dealing with an incident of sexual harassment, you may be struggling with your mental health. Speaking to a local support group, like NAMI California or CalHOPE, may be beneficial to your situation.

To better distinguish sexual harassment from other behaviors that, while they may not be acceptable, are not considered sexual harassment under California state law, here are two examples of such behaviors. While some of these may be considered rude, inappropriate, or downright cruel, they may not be seen as sexual harassment under California’s FEHA:

Trivial Behavior

While a sexually charged joke or off-color comment can certainly be offensive at the time, it may not be seen as sexual harassment if it was an isolated incident. It may be seen as trivial behavior that isn’t illegal misconduct. However, if such a joke or comment is then followed by references to a coworker’s sex or gender, that can create a hostile work environment and would be seen as sexual harassment.

For example, if someone were to compliment you on a shirt you were wearing, that wouldn’t be sexual harassment. If they were to compliment how your body looks in that shirt, then it would be sexual harassment.

Consensual Behavior

When two parties participate in a situation that they both agreed to be a part of, the behavior is considered consensual. For example, when two coworkers start dating, certain suggestive remarks and behaviors would likely not be seen as sexual harassment if they were made between those two coworkers. If someone were to ask you out, it wouldn’t be sexual harassment. If they kept doing it after you said no, it would be sexual harassment.

FAQs

Q: What Is Not Considered Harassment in the Workplace?

A: Many behaviors in the workplace may be seen as inappropriate or even offensive, but they are not considered sexual harassment. Simple teasing, offhand comments, and certain isolated incidents will most likely not be seen as sexual harassment under California state law. Depending on certain situations, such as two coworkers dating, behaviors that would be seen as harassment if they were against others may not be seen as harassment by those consenting adults.

Q: What Is an Example of Something That Is Not Workplace Harassment?

A: There are numerous examples of situations that are not considered workplace harassment. One such example would be an employer implementing a new dress code in the workplace. While you may feel like the dress code is targeting you specifically, that may not be the case. Another example is disciplinary action as a result of your own actions. This is likely your employer trying to make sure you are held accountable, not harassing you.

Q: What Is Non-Sexual Workplace Harassment?

A: Several different behaviors may be considered workplace harassment without being sexual. Any unwelcome behavior that is based on a protected trait that isn’t sex may be considered workplace harassment. These traits include:

• Age
• Race
• Skin color
• Religion
• Disability
• Pregnancy
• National origin

If somebody is making you feel unsafe or uncomfortable in the workplace, you should report that behavior to your supervisor.

Q: Should I Hire an Employment Lawyer?

A: When considering a possible sexual harassment claim, you should absolutely hire an employment lawyer. You will want someone who understands the stakes by your side throughout this ordeal. You may not be in the right mental space to be dealing with legal trouble after enduring sexual harassment. The right employment lawyer can figure out a way forward for your case.

Reach Out to a Sexual Harassment Lawyer Today

Enduring sexual harassment in the workplace can be a terrible thing to go through, especially if you don’t know what to do next. You need to report the behavior, hire an employment lawyer, and pursue a legal case against your harasser. However, if the behavior you endured is not considered sexual harassment by the state, you may have a harder time with your case. The right lawyer can determine what to do from there.

Sexual Harassment Law Firm CA understands the most effective way to press your case. Our experienced lawyers can assist you in building your claim, gather the evidence that supports it, and thoroughly protect your interests the entire time. Contact us to speak to a member of our team about all the ways we can help you.