Legal Question in Sexual Harassment in California

What can I do about this? I purchased a PT Cruiser from your dealership on October 14, 2010. I dealt with (Jesse). I purchased it for my daughter. I told him I would pick it up on October 21, 2010 because it was a surprise for her. I spoke to co-owner who as well helped me out with getting tires for my 2008 Dodge Magnum that I purchased from him when he owned My Dodge/Chrysler. I was also told that in the process I would receive a gas voucher for the PT Cruiser because it was on empty when I picked it up on October 21, 2010 and I had to pay for the gas. On October 21, 2010 I called Jesse at from my work and asked him if he could find out how much I would owe for the tires and I advised Jesse that if co-owner was going to work out a price on the leather seats for my Dodge Magnum because of the stains the seats have and they won�t come off. I had spoken to coowner and he said I could probably get leather seats for about $900.00 but he was going to see if he could get them for less. While I was talking to Jesse on the phone and trying to negotiate my tires for my Magnum and leather seats Jesse would make statements and comments that he was saying �Me esta gustando que me hables por telefono y me puedo acostumbrar� which is :�I am liking you call me on the telephone and that I can get use to of it.� I would call and ask questions pertaining to either the PT or the Magnum. These statements and comments should never have happened, I felt very uncomfortable talking to him via the telephone so that was the reason I would prefer texting him questions pertaining to the PT and my Dodge Magnum. I was there for business, not to be harassed. So I just told him if he could find that information pertaining to my vehicles for me it was appreciated. Jesse then asked me a question which I really don�t think anyone should ask especially while trying to conduct business. Jesse first question was: What days do you have off? I responded weekends. (I thought because he had asked me prior to this that I should work at dealership part time). Jesse than asked: If I take any days off during the week that he would love to take me out for lunch and who knows from there. I said I did not think so. Jesse started making me uncomfortable which I don�t think a customer should feel that way.On October 22, 2010 I called Jesse on the work cell number provided and told him that I would be picking up the Magnum from there at about 4:30pm and he stated it would be ready. He stated that he was on top of things like he always was and laughed. I ignored the remark and He once again asked me if I ever want to that he would love to take me out for lunch if and when I go to town where dealership is located by myself without my daughters. I told him I would be there at 4:30 and that was it. Then HE continued and asked me another question, �Sabes que dicen de los Viernes, que los Viernes te duermes en cama ajena. Alomejor en cama de una vecina.� (He asked if I knew a saying that says-You know what the saying is about Friday�s, that on Friday�s you sleep in another bed, and maybe in the neighbor�s bed.)-Which he was referring to me because I live some houses down from him on the same street. I responded that not my bed, and that I would be there about 4:30pm to pick up my car. He would than say you never know. I was in more shock with that comment. October 22, 2010 at 4:30pm I arrived at dealership and asked to speak to Jesse. I asked him if he could get me the gas voucher promised to me for the PT Cruiser and I asked him why my Magnum was not detailed as promised and he stated that since they didn�t wash it from outside that it was not worth them detailing the vehicle and that I could bring it back some other day when it was not raining. I now feel very uncomfortable going to dealersip after all the remarks and I feel I was sexually harassed by Jesse who should have good ethics especially being a manager and in the business he is in. I went there with the assumption that I would just purchase my daughters vehicle and be happy and all. Now, I know I was still promised a gas voucher plus they were going to check on a price for a key to the PT Cruiser because number 1: It only came with one key 2. The alarm goes off on the PT when its locked and you unlock it, so you have to rush to turn on the ignition in order for it to turn off. These items should have come with the PT Cruiser. I even took a friend to purchase a vehicle and I even told my family about how great the service was but now I myself am feeling very uncomfortable going back to the dealership. I don�t think that it is appropriate for a sales manager at a dealership to treat someone like that. I have purchased many vehicles and this is the first time that anything of this kind has happened to me. I even made it a point that if and when I would go to dealership that I would take one or two of my daughters because I felt very uncomfortable. I even made it a point that I dropped off my vehicle even though Jesse offered to pick up my vehicle from my house and he would bring it back. I just felt very uncomfortable with the things he would say. When I picked up my Magnum on October 22, 2010 I was so uncomfortable there at dealership that day I waited and waited until one of your employees stated that Jesse was acting busy but he was avoiding me. I just wanted to pay for the tires and get my receipt, but it was probably because he felt stupid for what he had said. Mr. Manuim had to give me my receipt for the tires. I don�t think me as a customer should feel uncomfortable stepping into a dealership. I think Mr. Ceja should be taught about ethics and professionalism as well as sexually harassing a female especially after I found out he is my neighbor and now I am fearing the worst. I would like to just return your vehicle to you without the contract because this is really making me very upset. I do like the vehicle and my daughter does too, but I feel I have been harassed and now I feel very uncomfortable going into your dealership. I know that if I keep the vehicle I will have to go back to the dealership for service on the PT Cruiser and I don�t want to feel uncomfortable any more. I even told manager Jesse rthat I was having trouble coming up with the $2,000.00 dollars that I was asked to put down for the PT Cruiser on November 1st, 2010 because they have a hold on my personal check as well and he stated that they would work with me.


Asked on 10/24/10, 12:04 pm

1 Answer from Attorneys

Bad manners are not sexual harassment, especially if you do not tell the person to stop and/or tell their supervisors that you want it stopped. From your description of events you never told him to stop. You just kept turning him down. Even if Jesse's comments added up to sexual harassment is only actionable in the workplace, not as a customer. As a customer you are free to take your business elsewhere, so there is no legal recourse for a salesman coming on to you. You should complain to Jesse's manager, and if they will not do anything, you should go to another dealer.

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Answered on 10/29/10, 12:41 pm


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