4 Common Questions on Sexual Harassment in the Workplace

As an experienced litigator on behalf of workers and employees, Alan Burton Newman has represented thousands of workers who were mistreated, harassed, or wrongfully terminated. In three decades of practice, his firm has encountered many of the same questions again and again regarding sexual harassment. Because the law is ever-evolving, some answers have stayed the same, while others have changed.

Get the answers to frequently asked questions about sexual harassment here:

#1: Is the statute of limitations for sexual harassment in California one year?

No. Effective January 1, 2020, the statute of limitations for Sexual Harassment, discrimination and retaliation is 3 years in California. (CA Gov. Code Sec. 12960)

#2: Is the standard of sexual harassment the same for men and women?

No. The standard for sexual harassment for women is based upon what the average woman finds offensive. The test for sexual harassment for men is based upon what the average man finds offensive.

#3: Is an employer liable for sexual harassment by a coworker against another coworker when they are on the same level?

No. The employer is not liable unless the employer knew or should have known of the sexual harassment, failed to take the appropriate actions against the sexual harasser and prevent sexual harassment from continuing.

#4: Are damages for emotional distress the same as pain and suffering?

No. Emotional distress is related to sexual harassment cases. Pain and suffering is related to personal injury cases.