Harassment refers to unwanted conduct that is pervasive or severe. Usually, victims of the behavior are left devastated with emotions of fear or rage, disrupting many aspects of their lives. Fortunately, California has the most protective anti-harassment statutes nationwide.  However, the law lacks a single, definitive definition of harassment, with legal definitions varying depending on the context.

If you are a survivor of harassment, understanding the legal definition of harassment is a critical step in the search for justice. The punishment or consequences the harasser faces depend on the type of harassment and may include court fines, incarceration, payment of damages, or issuance of protective orders.  Some behaviors fall under more than one category of harassment, with others even attracting criminal charges. Consult a seasoned criminal attorney to understand the legal definition of the four categories of harassment and whether they qualify as criminal acts.

The Legal Definition of Harassment

California has a multifaceted harassment definition, with the law defining various forms of harassment contingent on context. The four primary forms of harassment include:

  • Civil harassment, which happens outside the workplace
  • Stalking
  • Sexual harassment
  • Non-sexual harassment

Each of these harassment types comprises unwanted behavior that is either pervasive or severe. Some conduct falls under more than one category, while others constitute a criminal violation, depending on the case’s nature and circumstances.

If you believe you have been harassed, the law provides you with various protections. You can file for a restraining or protective order to bar the harasser from making any contact that could threaten your safety. A violation of the stay-away orders by the restrained party is a crime under PEN 273.6. The offense is a misdemeanor punishable by no more than 12 months of incarceration or no more than $1,000 in court fines.

A second conviction for violating protective orders is a wobbler. If the harasser uses violence, threatens the use of physical force, or inflicts injuries on the protected party during the violation, the offense becomes a felony. If found guilty, the victim faces 16, 24, or 36 months of prison incarceration or at most $10,000 in monetary fines.

After conviction, harassment survivors can still seek civil remedies by filing a claim against the harasser. However, a civil action is not limited to the outcome of the criminal case. Victims can file civil lawsuits for compensation even if the court acquits the defendant or the prosecutor fails to file charges. The criminal and civil proceedings are two separate legal procedures.

When harassment happens in the workplace. The civil action can be brought against the employer if the victim can prove negligence.

Workplace Sexual Harassment

The California Fair Employment and Housing Act (FEHA) and the federal employment statutes prohibit employers, supervisors, and workers from engaging in inappropriate, pervasive, hostile, or unwanted conduct against another employee, independent contractor, job applicant, intern, or volunteer because of protected characteristics such as:

  • Gender
  • Marital status
  • Pregnancy
  • Gender identity
  • Childbirth
  • Sexual orientation
  • Gender expression
  • Sex

The law only lists the unlawful reasons but does not state the illegal acts that amount to sexual harassment. Even though there is no clear legal definition of workplace sexual harassment, FEHA classifies the misconduct into two main categories:

Hostile Work Environment (HWE)

Under California law, a hostile work environment occurs when offensive or pervasive unwanted conduct that is based on protected characteristics, such as sex or gender, at work, prevents one from performing work duties because of the intimidating or harassing work setting. Under the law, the conduct must occur repeatedly or involve threats of bodily harm to the victim for it to be deemed offensive. Besides, the harassment must subjectively humiliate the victim or stress the victim to the extent that they cannot perform.

If the behavior by your harasser was an isolated incident, sporadic, trivial, or invited by you, then it is not offensive. The law requires the HWE to be in such a way that you cannot work and prove that a reasonable person would have challenges working in such an environment.

Examples of offensive conduct are:

  • Inappropriate sexual jokes or remarks
  • Unwanted, suggestive, and persistent physical contact, such as pumping into or brushing against
  • Displaying sexually explicit material, such as calendars or posters, at work
  • Unwanted sexual advances or slurs,
  • Pervasive and persistent staring, whistling, or winking that an ordinary party would consider offensive.

To prove you suffered HWE, any of these statements must be true:

  • The unwanted, pervasive, or offensive work environment denied you emotional peace
  • The abuse was severe enough that it affected your performance at work
  • The harassment interfered with your well-being.

Quid Pro Quo

"Quid pro quo" means "this for that." So, when a person in authority, such as a supervisor or employer, demands sexual favors in exchange for employment benefits, they commit quid pro quo harassment. Additionally, the misconduct happens when a person in authority threatens a junior employee with job-related consequences if they reject their sexual demands. The elements of this type of workplace harassment include:

  • You, the victim, worked for, applied for a job with, or offered services to the accused.
  • A supervisor or a person with authority working for the defendant made unwanted sexual advances or engaged in unwelcome sexual behavior
  • The expressed or implied sexual behavior created unfavorable work conditions
  • You sustained harm from the harasser
  • The action by your boss or manager was a primary contributor to the harm

Sexual harassment in the workplace affects all genders. Therefore, sexual harassment remains unlawful whether the harasser is male or female. Also, the conduct remains illegal even if the harasser and the victim are of the same gender. The court considers whether the conduct involved is a contravention of the law.

Workplace sexual harassment is a civil case. However, some of the conduct or behavior involved in the harassment is criminal and can attract criminal charges and possible legal penalties. For example, displaying pornographic images in an officer's computer or calendar, even though sexually offensive, could attract criminal charges for child pornography if the pictures you were depicting were of a minor. Other criminal charges that could stem from a workplace sexual harassment incident include:

  • PEN 261, rape. The perpetrator could be a coworker, supervisor, or boss
  • Sexual assault and battery
  • False imprisonment. A defendant could face the charges if they restrain or hold you in the office or car against your will.
  • Workplace stalking

Civil Harassment

Another form of harassment defined under California Code of Civil Procedure (CCP) 527.6 is civil harassment. This law defines harassment that occurs outside work and is intended to protect community members from harassment by friends, neighbors, strangers, or relatives. However, the law does not apply to domestic violence (DV) cases.

Under CCP 527.6, civil harassment comprises:

  • Illegal violence, such as assault and battery. Assault means causing violent harm to another party, while battery means using physical force on another party. Illegal violence does not include acts of self-defense.
  • A viable or credible threat of physical force or violence. The action or statement must be deliberate and must cause the target to fear for their safety or that of their family reasonably. The threat must not serve any legitimate reasons.
  • A pattern, course, or series of intentional behavior, over a short or long duration, directed to a specific party, that severely harasses, alarms, or annoys, and has no valid purpose. The course of behavior must be in a way that would likely trigger severe emotional distress in a reasonable person and actually cause severe emotional distress to the target.

A pattern or series of behavior refers to conduct that happens over a period of time, short or long, enough to reveal the intentions of the harasser. The behavior could include stalking, sending harassing messages via electronic means, or making repeated phone calls.

However, the civil harassment definition does not apply to constitutionally protected activities, such as political speech and peaceful protests. Additionally, the definition does not apply in close or intimate relationships. In such situations, DV laws apply.

If you are a victim of civil harassment, you can file for a temporary civil restraining order to stop the harassment. The order requires the restrained party to avoid any contact with you for a stipulated duration. A violation of the orders by the harasser is a crime under PEN 273.6, punishable by hefty fines and confinement upon conviction.

The restraining order petition is filed at the California Superior Court. You will require the services of a seasoned civil harassment attorney for this, as you will bear the burden of proof in the case. It is up to you, with the help of an attorney, to demonstrate with clear and convincing evidence that you were unlawfully harassed.

Stalking and Cyberstalking

Penal Code 646.9 is another California statute that defines stalking, a form of harassment. Per the law, stalking happens when an individual intentionally and maliciously harasses or repeatedly follows another party, and the harasser makes viable threats with the motive of making the target reasonably fear for their safety or the safety of their immediate family.

For stalking to qualify as harassment, the prosecutor must show a pattern or series of behavior. It means the defendant must have engaged in at least two behaviors that show continuous plans. Additionally, the prosecutor must show that the defendant's series of behaviors does not serve a legitimate goal or objective. The conduct must be targeted at a specific person and must alarm, torment, annoy, or terrorize to qualify as harassment.

Technological advancements have led to the emergence of another form of stalking: cyberstalking. It refers to harassment that happens through electronic means of communication, such as the internet, telephones, text messages, or emails. Through these means, the harasser can engage in unwanted behavior that causes the target to develop concerns about their safety. Conduct that amounts to cyberstalking includes:

  • Spreading false information about the victim on social media
  • Harassing sexts
  • Threatening emails or text messages
  • Damaging posts
  • Sending offensive pictures

PEN 646.9 does not apply when someone harasses a close family member through stalking. When close relationships are involved, stalking becomes a form of domestic abuse.

The prosecutor can file stalking as a misdemeanor, contingent on the case’s facts. If you face misdemeanor charges and the court finds you guilty, the penalties you will face include:

  • No more than 12 months of jail confinement
  • At most $1,000 in court fines

If you have a prior stalking violation, you engaged in violent conduct, and the stalking violated an active protective order, the prosecutor pursues stalking as a wobbler felony. The penalties upon conviction include:

  • At most $1,000 in monetary court fines
  • Formal probation
  • No more than 60 months of imprisonment

Additionally, as a stalking victim, you can pursue a civil case seeking compensation from the stalker for the losses incurred. Unlike in a criminal case, where the prosecutor is in control, you, the claimant, are in complete control of the civil cases. With the help of your harassment injury attorney,  you must prove with a “preponderance of the evidence,” meaning it is more likely than not, the accused:

  • Participated in a series of behaviors with the intent to annoy, alarm, or follow you. You can prove this element using witness testimony or electronic communication.
  • The course of behavior made you afraid of your safety or that of your immediate family.
  • The accused made viable threats against you or your family’s safety and did not terminate the harassment, even after you requested it
  • The accused violated an active restraining order with the behavior

Non-Sexual Harassment at Work

Not all unwanted behavior that is severe in the workplace is sexual. Non-sexual harassment at work is targeted at victims based on specific protected characteristics, such as:

  • Religion
  • Race
  • Age
  • Medical illness
  • National origin
  • Disability
  • Veteran status

Any harassment that is targeted at a worker, applicant, intern, or contractor because of these characteristics qualifies as non-sexual harassment, with most cases falling under the HWE category.

Steps to Take After Harassment

All four types of harassment in California are civil cases, even though some, like stalking, also qualify as criminal. Therefore, if you are a victim of any form of harassment, you can sue those responsible in the civil court to recover damages. However, because the laws defining each form of harassment are complex, it is wise to consult an experienced attorney to increase the chances of a successful claim.

The steps you can take to protect yourself and increase your chances of a fair compensation in the civil case include:

1. Record the Incidents of Harassment

Winning a harassment case requires you to document or record every incident of abuse or harassment. Note down the date, time, the party involved, and its effect on your life or work performance.

If it is a case of workplace harassment, record the communications with the harasser, including texts and emails. You can take screenshots or print the timestamps to preserve the evidence.

Similarly, you can record audio or video of the unwelcome, offensive, or pervasive conduct. However, while you do this, be aware that recording an individual without their consent is an offense.

Write down the names and contact details of the people who witnessed the harassment. Further, make copies of internal memos or other documents that can prove a harassment incident occurred at work.

Evidence gathering is critical in harassment lawsuits because the accuser bears the burden of proof. It is up to them to prove that it is more likely than not that the allegations they are making against the defendant are factual.

2. Report to the Relevant Authorities

Once you have collected sufficient proof to back your claim, you should report to the people in authority. If it occurs at the workplace, inform the human resources department of the harassment, as stipulated in the institution’s policy. If the employer finds the harassment claims true after an investigation, they can obtain a TRO on your behalf.

When the harassment is outside the workplace, report it to the local police. Depending on the circumstances and need for protection, the responding officers could request a temporary restraining order on your behalf to protect you from the harasser until you obtain permanent orders.

3. Consult a Competent Attorney

Harassment laws are complex, and to decide your next course of action, you must understand them. An experienced attorney is best suited to explain your situation, the harassment law that applies in your case, and whether you can pursue a civil lawsuit to seek compensation. Additionally, an attorney will help you gather evidence and file a claim within the set deadline for maximum compensation.

4. Seek Help

The advantage of partnering with an attorney after harassment is that they can focus on pursuing justice on your behalf while you focus on healing. Harassment can be emotionally and physically devastating. Therefore, ask for help from therapists, colleagues, or loved ones. Having a sound support system can speed up your recovery.

Find a Competent Criminal Defense Attorney Near Me

California has a broad legal definition of harassment, which takes four primary forms, civil harassment, workplace sexual harassment, workplace non-sexual harassment, stalking, and civil harassment. Understanding these definitions, legal penalties, and available lawsuits is crucial in crafting a solid defense. At Los Angeles Criminal Attorney, we will review the facts of the case and advise on the best course of action. Call us today at 424-333-0943 to discuss your case.