What Is Indirect Sexual Harassment?

Posted on Tuesday September 24, 2024

Sexual harassment in the workplace can take many forms, and one form that is often overlooked is indirect sexual harassment. Indirect sexual harassment is not overtly sexual in nature but still creates a hostile work environment. This can include offensive comments, jokes, or gestures that are not explicitly sexual, but still have a damaging effect on the victim. 

If you believe you were the victim of sexual harassment, discuss the matter with a San Diego employment attorney. 

David Mara

David Mara, founder of Mara Law Firm, PC, is a California employment attorney specializing in wage and hour law and representing injured civilians under U.S. defense contracts. He has recovered tens of millions for workers and contributed to landmark cases like Brinker Restaurant Corp. v. Superior Court. A member of multiple legal organizations, he also shapes California labor laws through legislative reviews. Mara holds a B.A. from San Diego State University and a J.D. from California Western School of Law and is admitted to practice in various federal courts.

At Mara Law Firm, we are dedicated to fiercely advocating for workers who have faced wage theft, violations of California labor laws, or injuries sustained under a U.S. Defense Contract. With decades of experience, our attorneys provide personalized, confidential, and no-cost consultations to ensure the best outcomes for our clients. We bring unmatched expertise to protect your interests and fight relentlessly to secure the compensation you deserve, guiding you through every step of the legal process to uphold your rights and deliver the relief you need.

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Understanding Indirect Sexual Harassment

Indirect sexual harassment often involves actions or comments that perpetuate stereotypes, demeaning the victim, and creating a hostile work environment. Examples of indirect sexual harassment include:

• Inappropriate comments or jokes about a person’s appearance, clothing, or body
• Offensive language or slurs that degrade or objectify individuals
• Exclusion or isolation of a person based on their gender
• Gender-based stereotyping or mockery
• Displaying sexually suggestive or explicit material in the workplace
• Assigning demeaning tasks or responsibilities based on gender
• Withholding important information or opportunities based on gender

What Does Indirect Sexual Harassment Look Like?

While direct sexual harassment, such as unwanted advances or inappropriate touching, is more commonly recognized, indirect sexual harassment is equally damaging and deserving of attention. It refers to subtle behaviors or actions that create a hostile work environment based on an individual’s gender. Indirect sexual harassment may not involve explicit sexual comments or physical contact, but it still creates an uncomfortable and hostile atmosphere.

One form of indirect sexual harassment is gender-based jokes, comments, or stereotypes. These remarks may seem harmless on the surface, but they perpetuate harmful biases and contribute to an environment where coworkers do not feel respected or valued. For example, making jokes or comments about a woman’s appearance or ability to do a job based on stereotypes can create a hostile work environment. Even seemingly innocuous comments can contribute to a culture of indirect sexual harassment.

Another example of indirect sexual harassment is the exclusion or marginalization of individuals based on their gender. This can manifest in various ways, such as excluding women from important meetings or decision-making processes or assigning them menial tasks based on gender stereotypes. When individuals are treated differently or denied opportunities solely because of their gender, it not only affects their professional growth but also sends a message that their contributions are not valued. Such exclusionary practices contribute to an atmosphere of indirect sexual harassment.

Additionally, the misuse of power or authority to create unwarranted or unnecessary physical proximity can also be considered indirect sexual harassment. For example, constantly invading someone’s personal space, standing too close, routinely “accidentally” brushing past them, or touching someone without their consent is indirect harassment. It creates discomfort and unease for the victim, impacting their ability to work in a safe and professional environment.

Your Rights as a Victim of Sexual Harassment in California

In California, victims of sexual harassment, including indirect sexual harassment, have legal rights and protections. The Fair Employment and Housing Act (FEHA) enforces strict guidelines to prevent and address harassment in the workplace. Under the FEHA, it is unlawful to subject an employee to any form of sexual harassment, regardless of whether it is direct or indirect.

If you have been a victim of indirect sexual harassment, you have the right to:

• File a complaint with your employer: As a victim, it is important to notify your employer about the harassment you have experienced. Your employer has a legal obligation to investigate and take appropriate action to address the situation.
• Seek legal representation: It is crucial to consult with a qualified San Diego employment lawyer who handles sexual harassment cases. A skilled attorney will guide you through the legal process and help protect your rights.
• Obtain remedies and compensation: If your employer fails to address the harassment or retaliates against you for reporting it, you may be entitled to remedies and compensation. This can include financial damages for emotional distress, lost wages, and other losses you may have suffered as a result of the harassment.

Why Is Indirect Harassment Hard to Penalize?

One reason why indirect harassment is difficult to penalize is the lack of tangible evidence. Unlike explicit forms of harassment, indirect harassment often relies on implicit cues, non-verbal messages, and subtle power dynamics. These behaviors are challenging to document in a legal setting. Without concrete evidence, it’s more challenging to make a compelling case and persuade the court to take action.

Furthermore, indirect harassment can involve behaviors that seem innocuous in isolation or can be rationalized as non-harassing, like spreading rumors, undermining a person’s credibility or authority, or excluding them from important meetings or opportunities. These actions, while harmful and detrimental to the victim, can be difficult to prove as intentional harassment.

Another factor that contributes to the difficulty of penalizing indirect harassment is the fear of retaliation. Victims of indirect harassment often face a daunting choice between speaking up and risking potential professional repercussions or remaining silent and enduring ongoing harassment. The fear of retaliation can deter victims from reporting incidents or seeking legal recourse, further complicating holding perpetrators accountable.

In a nutshell, because of its covert nature, lack of tangible evidence, and the fear of retaliation, seeking justice for indirect harassment is difficult…but not impossible. A San Diego employment lawyer who handles sexual harassment cases can help navigate this stressful situation.

What Can You Do If You Are a Victim of Indirect Sexual Harassment?

As San Diego employment law attorneys, these are the steps we recommend you take:

• Document incidents: Keep a detailed record of every incident, noting the date, time, location, and individuals involved.
• Report the harassment: Notify your supervisor or human resources department about the harassment you have experienced. Follow your company’s established reporting procedures, if any, and provide them with your documented evidence.
• Consult with a San Diego employment attorney: Reach out to an experienced San Diego employment lawyer who knows sexual harassment cases. 
• Preserve evidence: Keep any relevant physical evidence, such as emails, text messages, or voicemails, that support your claim of indirect sexual harassment. These pieces of evidence can be crucial in building a strong case.

Contact a Savvy San Diego Employment Lawyer Today

If you have experienced indirect sexual harassment in the workplace, it’s your right to get this behavior to stop. To set up a free legal consultation with our team at Mara Law Firm, contact us now.