Discrimination in the workplace can occur in many forms, from verbal to physical. Unfortunately, the victims of such behavior in California are often unaware of their legal rights, sometimes even of the fact that this is happening to them. Knowing about the different types of discrimination is crucial in protecting your rights and those of your colleagues.
Quid pro quo, harassment and the hostile work environment
Employment discrimination is illegal under federal and state law. 1964 Civil Rights Act Title VII prohibits employers from discriminating against employees based on race, religion, color, sex or national origin. The Equal Employment Opportunity Commission (EEOC) enforces Title VII. Sexual harassment is considered a form of sex discrimination.
Sexual harassment is prohibited by federal and state law. It can include any unwelcome conduct based on an individual’s protected characteristics. Harassment includes but is not limited to physical assaults or threats, verbal abuse or epithets, graffiti, intimidation tactics like stalking or surveillance, and offensive jokes or comments about an individual’s protected characteristics.
Quid pro quo
Quid pro quo sexual harassment occurs when an employer offers an employee a job, promotion or another benefit in exchange for sexual favors.
Hostile work environment
This type of discrimination occurs when an employer creates or allows an environment that is harassing, offensive, or intimidating. This discrimination can occur even if the employer does not intend to create one.
What are your rights as a victim?
If you are the victim of sexual harassment, you should report it to your employer immediately. Your employer must stop it by law and prevent it from happening again. Complaints can be filed with the EEOC if your employer does not act.