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Is sexual harassment legal?

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.

Important: If your case deals with personal injury (automobile accidents, motorcycle accidents, pedestrian accidents, slip and falls, dog bites, medical or legal malpractice) or workers' compensation cases (accidents at work) and deals with California law, you can reach us 24 hours a day, 7 days a week just by calling 1-800-LAW-TALK, from anywhere in the United States, for a free consultation.

These Frequently Asked Questions are based on California Law. Information with a * was originally published by the State Bar of California and is also available through them. It is reprinted with their permission.

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