Pervasive Conduct

It can often be clear when severe conduct occurs. However, the next example of hostile environment sexual harassment, pervasive conduct, proves more difficult.

There is no "clear line" that a harasser crosses in order to be considered inappropriate. However, the action is not as important as how it makes the victim feel. Once the action (or actions) makes the victim perceive the workplace as hostile, then this can constitute hostile environment sexual harassment.

Take, for example, the case of Victoria Zetwick. She was a county corrections officer in Northern California from 1999 to 2012. During that time, she alleged that Sheriff Ed Prieto subjected her and her female coworkers to numerous uninvited hugs while he gave male employees handshakes.

In 2012, she filed a lawsuit against him. She was initially awarded $300,000 when the courts determined this was a pervasive form of hostile environment sexual harassment.

Prieto and the County of Yolo argued that his conduct "was not objectively severe or pervasive enough to establish a hostile work environment, but merely innocuous, socially acceptable conduct." In 2014, a court dismissed the suit. In 2016, the Ninth Circuit Court of Appeals reopened the lawsuit. The case was finally settled in 2018. Zetwick was awarded $98,000 and agreed to no further lawsuits or media contact.

Was Prieto guilty? Even the courts seem to disagree. But all can agree that this pervasive conduct can be difficult to define... and costly to defend in court.

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