Legal Question in Sexual Harassment in California

Is sexual harassment legal?

Can you tell me wether sexual harassment is legal?


Asked on 1/08/98, 3:32 am

1 Answer from Attorneys

Bahman Eslamboly Eslamboly & Barlavi

Is sexual harassment legal? - REPLY

No, sexual harassment is not legal both under federal and California law. Title VII of the Civil Rights of 1964 strictly prohibits sexual harassment. Title VII classifies sexual harassment claims into two categories: "quid pro quo" and "hostile work environment". Title VII, applies to any company with more than 15 employees when it comes to sexual harassment. The company must be in an industry affecting interstate commerce.

In California, sexual harassment and other discriminatory conduct is prohibited by the Fair Employment and Housing Act ("FEHA"). The statute is located in California Government Code Section 12940. With respect to claims of sexual harassment, the FEHA applies to employers who employ more than one person.

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Answered on 1/08/98, 3:32 am


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