Is the employee who sexually harassed me responsible for compensating me?

Is The Employee Who Sexually Harassed Me Responsible For Compensating Me?

When you are the victim of sexual harassment, you may find that it is not just your employer or supervisor making the unwanted sexual advances. Co-workers can also be actively involved in the harassment. Dealing with these behaviors at your job can take a toll on your job performance, career, and emotional well-being. So if you must pursue your legal right to compensation, you want to include all potential parties to maximize the likelihood that you will receive the full compensation you deserve. Does this include pursing a claim against your co-worker?

Is a Co-Worker Liable for Sexual Harassment Under FEHA?

Fortunately, the California Fair Employment and Housing Act (FEHA) gives you more rights than federal civil rights laws do if you are the victim of sexual harassment. For purposes of sexual harassment, an employer who employs one or more employees is covered under the Act. In addition, it extends liability to any person—including an employee—who harasses an employee or applicant on a prohibited ground. This means that you can hold any co-workers responsible for their harassment of you.

Ways Co-Workers Engage in Illegal Sexual Harassment

Co-workers can be liable for their own acts of sexual harassment or if they aid and abet in someone else’s harassment of you. Common ways fellow employees can engage in illegal behaviors include:

• Engaging in unwanted touching, like crotch grabbing, touching the buttocks or breasts, or rubbing thighs.
• Making unwanted sexually derogatory comments—like ones that show hostility against women.
• Showing unwanted sexually graphic images, such as posters, cartoons, or drawings, to a victim or directing them at protected class.
• Making unwelcome sexual comments and jokes.
• Sending unwanted inappropriate emails or texts of a sexual nature.

Call Our Orange County Office for Assistance

If you believe you are the victim of sexual harassment, call the Law Offices of Corbett Williams today at 949-401-7547 to schedule a free, no-obligation consultation to learn about your legal options.