Legal Question in Sexual Harassment in California
Prerequisites for filing a sexual harassment claim in California?
What, if any, are the prerequisites for an employee filing a sexual harassment claim against an employer (and employees) in California? Oakland, Alameda County, if it makes a difference.
The reason I'm asking this question is that a friend's company is facing a sexual harassment suit from an employee, who has never notified her managers / HR, who has never filed anything with any labor agency, and has been seemingly happy for over 6 months. All the sudden a sexual harassment claim shows up, seeking financial compensation.
Is this even possible? Common sense seems to dictate that the claimant would need to document these allegations (probably multiple times) prior to being able to have the ''right to sue''.
What's the likelihood of a case like this holding up in court? Or is this pro-bono lawyer just looking for easy money through a massive number of cases (enough bullets thrown out = hit somewhere eventually)?
Are they automatically expecting a settlement that's priced to convince the employer that it's cheaper than fighting?
If fighting this bogus case and winning, are the legal fees recoverable?
2 Answers from Attorneys
Re: Prerequisites for filing a sexual harassment claim in California?
You don't even work there, what makes you so sure the case is bogus? Most lawyers don't take bogus cases.
Re: Prerequisites for filing a sexual harassment claim in California?
Generally, the employee should report the undesired sexual advances and similar activity to the internal administration for investigation. Then, he has to exhaust administrative remedies by filing a claim with Dept of Fair Employment and Housing. Only then, can the employee file a lawsuit.
Why did the lawyer take the case? It's hard to tell what his motivation was.
Can the case hold up in court? Well, only time and progress of the case shows. One thing is for sure - you have to defend or a default judgment will be entered against the company.
Defense can recover court costs but usually not attorney's fees unless you can prove that the complaint was frivolous and was filed malicious and without any probable cause.
Should you settle or defend? Every company has its own philosophy. Some companies prefer to settle and get it over with; others, under fear of being turned into victims of repeated litigation (scapegoats) fight most or all claims to teach others a lesson that they don't give in easily.
If you have any further questions, feel free to contact me at [email protected]
Thanks.
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