Verbal Sexual Harassment

Generally physical touching may be considered more offensive than mere words. Herberg v. California Inst. of the Arts (2002) 101 CA4th 142, 150, 124 CR2d 1, 6. However, this does not mean that verbal sexual remarks cannot amount to sexual harassment. California law prohibits verbal sexual harassment. Gov. C. §12940(j)(1). Mere language can be determined to be enough to amount to sexual harassment, if the atmosphere in the workplace has been so altered by severe and pervasive sexual remarks as to become a hostile environment. Lipsett v. University of Puerto Rico (1st Cir. 1988) 864 F2d 881, 905.

An example: A newly hired female employee passes by a group of male co-workers and hears her manager comment about her figure to other employees. The female employee nervously keeps walking past them. The next day, the manager begins to send emails to the female co-worker in which he addresses her as “baby” and “sweetie”. The manager even begins calling her “baby” in front of other co-workers, which makes her even more uncomfortable. As time goes on, the sexual remarks get worse and more consistent. The manager begins to make comments about the female employee’s figure almost every time they see each other. If you are experiencing or have experienced a similar situation, contact our office.

Another example: A male supervisor always comments on how well the female employee dresses and how lovely she smells. Also, he makes comments about her body parts. The female employee tells him several times to stop with the inappropriate conduct because she only wants to have a professional relationship with him. However, the male supervisor continues with the inappropriate conduct and even begins calling the female employee’s phone when she is not at work to make similar comments. 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.