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It is unlawful to harass an employee because of their sex, California Government Code Section j 1. Sexually harassing behavior includes:. Contact us , or call to consult with one of our Fresno sexual harassment lawyers. Effective January 1, , sexual harassment does not have to be motivated by sexual desire.
Sexually harassing conduct need not be motivated by sexual desire. Sexual harassment is often about subjugation, control, and abuse of power. Cases confusing whether something overtly sexual was sexual harassment began in the s in a male on male sexual harassment case.
Various courts could not grasp there are many men who are married, but also engage in sexual practices with other men or want to. In these cases the harassers tried to claim buttocks touching and similar sexually offensive conduct was not sexual harassment because they were straight men.
Ultimately, California law was amended due to an atrociously decided Northern California sexual harassment case in which a court of appeals absurdly concluded the male on male behavior was not sexual harassment. The supervisor claimed these were all funny jokes. They had overt sexual connotations. Whether the supervisor was gay or not was not important.
The supervisor said and did the exact sort of things to an employee that normally constitutes sexual harassment. All of these things were offensive due to sex. Demonstrating the conduct was severe, the harassed employee reported it to his safety manager. The employee was even retaliated against by being called a narc, snitch, and faggot.