SEXUAL HARASSMENT IN THE WORKPLACE

Sexual harassment ranges from simple annoyances such as leering, making sexual gestures, making or using derogatory or sexually degrading comments, to the more compromising unwanted sexual advances (either verbal or physical), compounded by offering employment benefits in exchange for sexual favors--and threatening reprisals after such an advance is rejected. These forms of harassment are unlawful and referred to the district offices of the California Fair Employment and Housing Commission in Santa Ana.

After a complaint has been filed and the commission finds evidence that the law has been violated, efforts at conciliation are undertaken. If these efforts fail, the commission may file a formal accusation and hold a public hearing.

If the commission finds the law was violated, appropriate remedies may be ordered--such as “monetary reimbursement, compensatory damages for pain and suffering, back pay, an offer of the position denied and affirmative relief,” according to the commission’s pamphlet. These compensatory damages for pain and suffering are currently being challenged by employers in California courts.

Here’s how Orange County compared to the state of California during the last three fiscal years:

Sexual Harassment Complaints FY 1988-’89 FY 1987-’88 FY 1986-’87 State of California, Total 1,391 1,390 1,179 Orange County, Total 133 109 93 Closures: 118 86 95 Administrative 62 54 49 Settlement 42 21 30 Insufficient evidence 14 11 16

Note: The Equal Employment Opportunity Commission, a federal agency, also receives complaints of sexual harassment but has no office in Orange County. Complaints must be made by phone (1-800-872-3362 or 213-251-7278), in person at the Los Angeles office (3660 Wilshire Blvd., 5th Floor, Los Angeles, Calif. 90010) or by mail.

Source: Fair Employment and Housing Commission, State of California