Sexual harassment does not have to happen behind a closed office door to be illegal.
It can happen through text messages. It can happen on Zoom. It can happen through videos, memes, DMs, Slack, Teams, email, social media, shared photos, comments during virtual meetings, or late-night messages from a supervisor. And yes—remote workers can be sexually harassed too.
In California, the law focuses on the conduct and its connection to the workplace—not just whether everyone was physically in the same room. If sexual comments, requests, images, videos, pressure, or unwanted conduct affect your job, your work environment, or your ability to work safely, you may have legal rights.
Sexual harassment in California may include unwanted sexual advances, requests for sexual favors, sexual comments, explicit messages, inappropriate videos or images, gender-based harassment, harassment based on pregnancy or related conditions, or other conduct based on sex that creates a hostile, intimidating, offensive, or abusive work environment.
Harassment can occur in person or digitally. Text messages, videos, emails, workplace chat apps, video calls, and social media messages can all become evidence.
California’s Fair Employment and Housing Act prohibits workplace harassment based on sex. Under California law, harassment because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Sexually harassing conduct does not have to be motivated by sexual desire.
Quid pro quo harassment generally involves a job benefit or job threat tied to sexual conduct. For example, a supervisor suggests that promotions, schedules, assignments, continued employment, or favorable treatment depend on accepting sexual advances or providing sexual favors.
A hostile work environment may exist when sexual or sex-based conduct is severe or pervasive enough to alter the conditions of employment and create an abusive, intimidating, hostile, or offensive work environment. The conduct does not have to be physical. Digital harassment can contribute to a hostile work environment.
Text messages are one of the most common ways workplace harassment now happens. A supervisor or coworker may avoid saying something in front of witnesses but send it by text, DM, WhatsApp, Instagram, Snapchat, iMessage, or another platform.
Do not delete these messages. Screenshots, exports, metadata, dates, and surrounding context may become important evidence.
Sexual harassment can also happen through videos, photos, memes, GIFs, screen shares, workplace group chats, or shared files. A workplace does not become immune from harassment law just because the conduct is disguised as a joke.
Examples include coworkers circulating sexual videos, supervisors sending explicit images, employees sharing sexual memes in a work chat, or someone displaying inappropriate content during a video call or screen share.
Remote work changed where harassment happens, but it did not eliminate employer responsibility. If harassment occurs through work-related communications, video meetings, company devices, company chat platforms, supervisor messages, or coworker conduct connected to work, it may still be workplace harassment.
Sexual harassment can come from supervisors, managers, coworkers, owners, executives, customers, clients, vendors, patients, contractors, or other nonemployees connected to the workplace. Employers may be responsible for harassment by supervisors and may also be responsible for harassment by coworkers or nonemployees if the employer knew or should have known about the conduct and failed to take immediate and appropriate corrective action.
You do not always have to complain to HR before conduct becomes illegal. But reporting harassment can be important because it puts the employer on notice and gives the employer an opportunity to correct the problem. If you feel safe doing so, complaints should usually be made in writing and should clearly describe the conduct, dates, people involved, witnesses, and evidence.
If HR ignores the complaint, blames you, protects the harasser, transfers you, cuts your hours, disciplines you, or fires you, that may create additional retaliation claims.
California law prohibits retaliation against employees who report sexual harassment, oppose harassment, participate in an investigation, support a coworker’s complaint, or otherwise assert workplace rights. Retaliation can include termination, demotion, reduced hours, schedule changes, discipline, isolation, threats, or pressure to resign.
If you were sexually harassed at work—in person, by text, by video, or while working remotely—contact The Ghol Firm for a free consultation. No fees unless we win.
