Maybe it was the way your manager leaned too close when no one else was around. Or the message sent after hours, dressed up as a compliment but pulsing with implication. You told yourself to let it go. You needed the job—the hours. You needed, above all, not to cause trouble. But moments like these can fall into the two types of sexual harassment recognized under California law, leaving employees unsure of how to respond.
But it didn’t stop. And now you’re here, searching for answers, asking, perhaps for the first time, “What are the two types of sexual harassment?” and whether what’s happening to you qualifies. If you’re even asking the question, the situation already deserves attention.
California law does recognize two types of sexual harassment: quid pro quo and hostile work environment harassment. But knowing the definition won’t protect you—calling the Law Office of John Dalton will. Before HR turns this into something it’s not, contact the Law Office of John Dalton. John will listen. And he’ll make sure you’re protected from the start.
What Are the Two Types of Sexual Harassment in California?
California law divides sexual harassment into two types of sexual harassment. Here’s what you need to know.
Quid Pro Quo Harassment
“Quid pro quo” means “this for that.” It happens when someone in a position of power links your job or benefits to sexual behavior, either explicitly or implicitly.
Examples of quid pro quo harassment include:
- A restaurant manager saying they’ll make sure you get more tables if you go out with them after work;
- A manager putting you on closing shifts alone, hinting that if you “loosen up,” things might go back to normal;
- You rejecting someone’s advances, and suddenly finding yourself written up, demoted, or under review;
- A superior threatening to report you for minor infractions unless you spend time with them outside of work;
- Your shifts disappearing after you reject a superior’s advances; and
- Your employer firing you after you push back against inappropriate behavior.
Even a single incident can justify a lawsuit. And when the harasser is a supervisor, the employer is usually liable, regardless of whether you filed a complaint.
Hostile Work Environment Harassment
This form of harassment happens when the workplace becomes intimidating, offensive, or abusive due to ongoing behavior. It doesn’t require a direct threat, but it must interfere with your ability to work.
Behaviors that can contribute to hostile work environment harassment include:
- Sexual jokes;
- Co-workers or managers commenting on your body;
- Retaliation after ending a consensual relationship;
- Gropes, stares, or physical contact;
- Inappropriate texts, DMs, or images from a co-worker that are inappropriate;
- Gossip or rumors about your sex life spread around the workplace; and
- Unwanted pet names or suggestive nicknames.
If the conduct would offend a reasonable person and disrupt your ability to work, it likely qualifies as hostile work environment harassment.
What Makes Claims for the Two Types of Sexual Harassment Legally Actionable in California?
Under California’s Fair Employment and Housing Act (FEHA), both types of sexual harassment are legally actionable when the behavior is:
- Unwelcome—meaning you didn’t solicit or invite it, or it is not consensual, and it was offensive or undesired;
- Severe or pervasive—meaning it either happened once in a severe way (like unwelcome touching) or happened frequently enough to alter your work environment;
- Based on sex, gender, sexual orientation, or gender identity/expression—including harassment from the opposite sex, same sex, or based on gender nonconformity; and
- Connected to work—meaning a coworker, manager, supervisor, vendor, client, customer or someone else tied to your job committed the harassment.
You don’t need to show that you followed the company’s internal policies, nor do you need to prove that the harassment ruined your mental health. And even a single incident, if serious enough, can be grounds for a lawsuit.
What Protection Does California Law Offer for Different Types of Sexual Harassment?
California leads the country in protecting employees from different types of sexual harassment. FEHA provides far more protection than federal law and applies to more workplaces.
Here’s what you need to know about the California law:
- It covers employees regardless of employer size,
- It allows claims based on even one severe incident,
- You don’t have to file an internal complaint to preserve your rights, and
- You don’t need to file with the government (California Civil Rights Department or EEOC) before speaking to a lawyer.
If your harasser is a supervisor, the company is automatically responsible in many cases.
Still, these protections are complex. Filing the wrong paperwork or saying the wrong thing can still sink a valid claim. That’s why you should call us first, before you do anything else.
Worried You’re Experiencing Different Types of Sexual Harassment in the Workplace? Contact Us Before Speaking to Your Employer
Maybe you’ve already started drafting a message to HR. Perhaps you’re rehearsing what to say to your boss in the break room or looking up complaint procedures online. That impulse makes sense. But in the legal world, acting too quickly, especially alone, can unintentionally damage a case before it even begins.
We’ve seen it happen too many times. A well-intentioned employee makes a report, only to have it buried. Or they sign something without realizing what it says. Or they give the company too much time to rewrite the story.
Before any of that happens—before the narrative slips away from you—call the Law Office of John Dalton. We’ll help you hold the line, protect your rights, and stop the employer from using your own words or actions against you.
Contact Sexual Harassment Attorney John Dalton for Results
John Dalton has spent over 25 years standing up to corporations that try to silence workers. He doesn’t pass you off to someone else; you speak with him directly. And when he takes your case, he takes it personally. With over $100 million recovered for victims of harassment and discrimination, including one of the largest sexual harassment verdicts in California history, John knows how to win and how to make your voice matter. If you think something is wrong at work, contact us before you take any action. The consultation is free, and the conversation could change everything.