Many people misunderstand what legally counts as sexual harassment. It’s not about the harasser’s “intent”, it’s about the impact on you. Harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that creates a hostile work environment or affects your job, pay, or opportunities. It can come from anyone at work, coworkers, supervisors, customers, vendors, or contractors, and it can occur between any genders.
These misconceptions can stop victims from reporting or documenting what’s happening, which weakens cases. If you’re experiencing conduct that makes you feel targeted, unsafe, or pressured, document it and speak with a lawyer as soon as possible.
Myth 1: The harasser must have cruel intentions
Fact: Intent doesn’t control legality, impact does. Under California and federal law, sexual harassment in the workplace is unlawful when unwelcome conduct creates a hostile work environment or involves quid pro quo (pressure for sexual favors in exchange for job benefits), regardless of whether the harasser “meant it.” A “reasonable person” standard applies: if a reasonable person would find the conduct offensive or unwelcome, it can be actionable.
Examples that can qualify even without “bad intent”:
- Repeated comments about an employee’s appearance that make them uncomfortable.
- Persistently asking a coworker on dates after a clear “no.”
- Unwanted touching or “jokes” with sexual overtones during meetings or work events.
If the conduct is unwelcome and affects your work, advancement, or sense of safety, it may be harassment, even if the harasser claims it was harmless.
Myth 2: You must be the direct target to have a claim
Fact: You can have a sexual harassment in the workplace claim even if the conduct wasn’t aimed at you personally. California and federal law recognize hostile work environment harassment caused by behavior you witness or overhear (often called third-party or bystander harassment). If a reasonable person would find the environment offensive or intimidating, it can be actionable.
Examples of indirect harassment:
- A supervisor tells graphic sexual jokes to another employee within earshot of the team.
- Pornographic or suggestive images/memes are displayed in common areas or office chats you’re required to use.
- Customers or vendors make sexual comments to others while you’re present, and management doesn’t step in.
Employers must act once they know or should know about harassment, whether it targets you directly or not.
Myth 3: Employers aren’t responsible for harassment by non-employees
Fact: Employers can be liable for sexual harassment in the workplace even when the harasser is a customer, client, vendor, contractor, consultant, or volunteer. If the employer knew or should have known about third-party harassment and failed to take prompt, effective corrective action, the situation can create a hostile work environment under California and federal law.
Real-world examples:
- A repeat customer makes sexual comments to staff; management is alerted but does nothing.
- A on-site contractor sends explicit messages in a required team chat; HR ignores complaints.
- A vendor’s representative gropes an employee at a work event; the company allows the vendor to return without safeguards.
What employers must do: Investigate, separate the parties as needed, set and enforce boundaries with the non-employee (up to banning them), and protect employees from retaliation for reporting. Failure to act can expose the employer to liability.
Myth4: Sexual harassment only happens between a man and a woman
Fact: Sexual harassment in the workplace can involve any gender, same-sex harassment, and people of any sexual orientation or gender identity. The law focuses on whether the conduct is unwelcome, creates a hostile work environment, or involves quid pro quo pressure—not on who the harasser or victim is. Harassment can come from coworkers, supervisors, customers, or vendors, and it is unlawful regardless of gender combinations.
Examples:
- A female supervisor makes explicit comments to a female employee.
- A male customer repeatedly propositions a male cashier.
- Gender-based slurs or stereotypes target a nonbinary employee.
You don’t have to navigate this alone
If you’re experiencing unwanted conduct at work, get clear guidance now. Speak with a Los Angeles sexual harassment attorney at JML Law for a confidential, free case evaluation. We’ll explain your rights, protect you from retaliation, and outline next steps to stop the harassment and pursue compensation.
Call 818-610-8800 or use our contact form to get help today.
