It is commonly known that sexual harassment in the workplace involves unwanted acts of a sexual nature by a co-worker or supervisor, such as unwanted touching, repeated unwanted propositions, conditioning employment or promotion on sexual favors, etc

However, the offensive conduct need not be of a sexual nature to create a hostile work environment in the workplace. Non-sexual hostile conduct (or language) directed at an employee because of the employee’s gender can create an actionable hostile environment. A pervasive pattern of verbal abuse violates Title VII even if it is not motivated by a sexual desire to expel women from the organization. Rude, bossy, loud, vulgar, and generally unpleasant comments by a male supervisor toward female subordinates, along with physically aggressive (though not sexual) actions, may constitute sexual harassment, if the male subordinates were treated with due respect in the workplace. same place. Interestingly, the fact that there are more women than men in the office does not make a difference.

Non-sexual conduct that singles out an employee based on their gender may also be actionable and constitute sexual harassment/hostile work environment. In a California case, evidence that male police officers committed openly hostile acts toward a female police officer, such as stuffing the barrel of her shotgun with paper so that the gun would explode if fired, spread false rumors about her abilities, singling her out for unfavorable work assignments and shifts, making false complaints about their performance, and even threatening to crash their wedding.

Even staring, along with other factors, can constitute sexual harassment in a hostile work environment. In one case, an employee refused multiple requests from a co-worker to go out on a date with her (including revealing lewd fantasies about her). When she complained to her supervisor, her co-worker stopped talking to her, but started looking at her intimidatingly. In light of his prior conduct, the co-worker’s repeated glares at the employee and the employer’s failure to stop him despite the employee’s complaints could constitute actionable hostile environment sexual harassment under the court.

In summary, California law and recent court rulings make it clear that the conduct does not have to be “sexual” in nature to constitute sexual/gender-based harassment in a hostile work environment.