Establishing that Sexual Harassment Occurred

When has someone crossed the line? What would the courts determine to be sexual harassment?

A sexual harassment investigation may lead to a trial. Courts will typically look at the following in relation to the conduct:

• The nature of the conduct
• The frequency
• The severity
• The context in which it occurred
• If the conduct was physically threatening or humiliating (versus something such as a one-time offensive utterance)
• If the conduct interferes with an employee's work performance

To learn more about Sexual Harassment Prevention For Employees visit our Cal/OSHA Sexual Harassment Prevention For Employees Online Training web page.