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Defining Sexual Harassment - DFEH and FEHA

To help enforce the FEHA, the California Department of Fair Employment and Housing (DFEH) provides examples of harassment. Harassment, according to the DFEH and FEHA, can be the following:

  • Verbal harassment (such as epithets, derogatory comments, or slurs)
  • Physical harassment (such as assault, physical interference with movement or interference with work duties)
  • Visual harassment (such as derogatory cartoons, drawings, or other images or graphics)
  • Sexual favors in exchange for unwanted sexual advances (such as employment benefits). This is often called "quid pro quo harassment."

Here are some important things to remember when deciding if a workplace incident is considered sexual harassment.

  • Same-sex harassment is possible. The victim and harasser need not be different genders.
  • Sexual harassment does not have to be motivated by sexual desire. In some cases, deliberate and unlawful sexual harassment occurs because the harasser tries to shame the victim due to the victim's sexual orientation (and not because the harasser has the intention of having sexual relations with the victim). In other words, just because the word "sex" is in the term sexual harassment does not mean that there need be the intention of sex.
  • A victim does not have to have "lost" something (such as compensation, or a job, or a promotion) to be considered a victim.

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

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