Sexual Advances by a Supervisor with an Express or Implied Threat

California Government Code §12940(j)(1) prohibits sexual harassment. Quid Pro Quo Harassment is one of the types of sexual harassment recognized by California. Fisher v. San Pedro Peninsula Hospital, (1989) 214 Cal. App. 3d 590, 607.This type of sexual harassment generally involves a supervisor abusing his authority to extort sexual consideration from an employee. Usually, the supervisor will make an unwelcome sexual advance on the employee. The employee might state that he or she is not interested or decline in some other manner. The supervisor will typically threaten the employee either expressly or by implication that he or she will be terminated, demoted, lose some other job-related benefits, or lose an opportunity to move up and get a raise.

An example: A supervisor calls a new employee into his office and welcomes her to the workforce. After he welcomes her, he expresses to her that she is very attractive. The female employee is caught by surprise, so she just thanks him for his comment and goes back to work. By the end of the week, the supervisor calls the female employee to his office. This time he not only tells her how attractive she is, but also asks her out on date. The female employee kindly declines the offer. The supervisor then proceeds and says to the female employee that if she declines to go on a date with him, he could not guarantee that she would be working for the company much longer. If you are experiencing or have experienced a similar situation, contact our office.

Another Example: A supervisor repeatedly makes sexual remarks to an employee. The employee never says anything because he or she is afraid that no one is going to believe him or her over the supervisor. One day, the supervisor comes to the employee’s office and closes the door. The supervisor then proceeds to tell the employee that if he or she wants to move up in the company, then the employee will need to cooperate in a sexual affair. If you are experiencing or have experienced a similar situation, contact our office.

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If you have experienced sexual harassment at your workplace, contact the renowned sexual harassment lawyers at our office.