Legal Question in Sexual Harassment in California
refused advances of same sex supervisor
I'm a new employee and my supervisor ''came on to me.'' I stepped backand returned to my work. I expect to be fired tomorrow as she and another supervisor have given me hours of work to do since then and she told me today if not done tomorrow I would be fired. Plus, she is refusing to pay for overtime for any reason. I do not think I ever signed a contract. I have a spotless work history as an RN. Our company was recently bought by a bigger company. I was willing to ignore her but I'm afraid of any reference from her as I must seek another job and I'm the sole breadwinner for myself and three minor children. Please give me some options quickly. Thank you
1 Answer from Attorneys
Re: refused advances of same sex supervisor
The first question I have is how many instances have there been of her coming on to you? Also, I gather the boss is a woman but are you a man or a
woman? (Can't tell from your post). if it was the only 1 time, it would probably not be considered sexual harassment, however, if you get retaliated against for rejecting the sexual advance, that would be unlawful. Seems to
me that if you are not fired today, you need to immediately file a claim with the Department of Fair Employment and Housing (DFEH). This will
provide you protection from further harassment and retaliation and if they do fire you afterwards, you would have a great claim for retaliation. We
can help you file the claim with the DFEH.
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