What Is the Difference Between Sexual Harassment and Sexual Abuse at Work?

While both sexual harassment and sexual abuse at work are unlawful and harmful, they differ in terms of legal definitions, severity, and the type of legal action they may trigger. 

If you have experienced either sexual harassment or sexual abuse at work, contact our Los Angeles employment attorneys at Aegis Law Firm today. Call us at (949) 379-6250.

What Is Sexual Harassment at Work?

Sexual harassment is a form of unlawful discrimination under both federal law (Title VII of the Civil Rights Act of 1964) and California’s Fair Employment and Housing Act (FEHA). It occurs when unwelcome sexual conduct interferes with an employee’s work performance or creates a hostile or intimidating work environment. There are two primary types:

• Quid Pro Quo Harassment: Occurs when job benefits (such as promotions, pay raises, or continued employment) are conditioned on the employee submitting to sexual advances or conduct.
• Hostile Work Environment: Involves repeated, unwelcome sexual behavior—such as comments, jokes, innuendos, or gestures—that create an offensive or abusive workplace.

Sexual harassment does not always involve physical contact. Verbal, visual, and digital harassment (e.g., inappropriate emails or messages) also fall under this category. Victims of sexual harassment can file complaints with their employer, the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) and may be entitled to compensation.

If you have experienced sexual harassment at work, contact our sexual harassment attorneys in Los Angeles today.

What Is Sexual Abuse at Work?

Sexual abuse is a more severe form of misconduct that often involves physical acts of a sexual nature and may rise to the level of a criminal offense. Examples include:

• Unwanted sexual touching or groping
• Sexual assault or rape
• Coerced or forced sexual acts
• Sexual battery

While sexual harassment is addressed under employment and civil rights laws, sexual abuse is a crime that may also be prosecuted under California’s Penal Code. In the workplace, sexual abuse can happen between coworkers, supervisors, clients, or even third-party vendors. Victims may pursue criminal charges, a civil lawsuit for damages, or both.

Unlike harassment, which is evaluated based on the severity or pervasiveness of the conduct, one instance of sexual abuse—such as assault—is enough to establish a claim and warrant immediate legal and criminal action.

If you have experienced sexual abuse in the workplace, contact our Los Angeles sexual abuse lawyers today.

Why the Distinction Matters

Understanding the difference between sexual harassment and sexual abuse is important for several reasons:

• Legal Strategy: The type of claim determines which laws apply, what evidence is needed, and what legal steps to take.
• Reporting Requirements: Sexual abuse may require immediate reporting to law enforcement, while harassment typically begins with a report to HR or a regulatory agency.
• Available Remedies: Victims of sexual harassment may recover emotional distress and lost wages through civil claims. Victims of abuse can do the same but may also seek punitive damages and justice through the criminal system.

How a Los Angeles Employment Lawyer Can Help

Whether you are experiencing sexual harassment or sexual abuse in the workplace, speaking with an experienced Los Angeles employment attorney is critical. They can help you understand your legal rights, preserve crucial evidence, file appropriate complaints, gather evidence, and hold the responsible parties accountable. No matter the type of misconduct, you deserve a workplace free from fear, intimidation, and abuse. Contact us today.