Legal Question in Sexual Harassment in California

Sexual Harrasment

A co-worker/supervisor of mine has been sending me inappropriate emails. One discussing how he would like to touch me inappropiately. Do I have a case for sexual harrasment?


Asked on 7/16/07, 1:44 pm

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Sexual Harrasment

Print out the emails (with full email header information if you know how to do this) AND forward each of them to a personal account if you are able. Take the printouts home with you.

Once you have done so, you could a) take the matter up with higher authority at your company (Warning: you WILL be retaliated against) (But this will help an eventual lawsuit); or b) quit/get another job.

Either way, you may well have a good case for sexual harassment. Start keeping a diary (again, never leave this or other evidence at your workplace). Make note of incidents such as obscene drawings, incidents of him bumping against you or blocking your path, and inappropriate comments made at meetings. Make note of any physical symptoms you may experience such as headaches, nausea, or inability to sleep. Get appropriate medical attention if you do experience physical ailments or symptoms.

If you are in SoCal, I would be pleased to consult with you without charge.

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Answered on 7/16/07, 1:57 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Sexual Harrasment

Possibly. It depends upon the severity and frequency of the sexually offensive content and the relationship of this person to you. You gave an inconsistent description of the person as a co-worker/supervisor. The distinction is very important in the eyes of the law.

Employers must be aware of what co-workers are doing before they can be held liable for the employee's actions. On the other hand,they are responsible for the actions of supervisors.

If you are unsure what to do, consult with an experienced employment law attorney to assess your claims and review your options. And save those emails.

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Answered on 7/16/07, 2:02 pm
Marco Cosentino Law Office of Mark J. Leonardo

Re: Sexual Harrasment

You may have a claim on one of two theories:

1. Hostile work environment. This is essentially where the sexual behavior is so severe and pervasive that it creates a "hostile work environment."

2. Quid pro quo. This is basically where a superior takes a negative employement action against another employee who refuses his/her sexual request/advances.

To determine whether or not you have a sexual harassment claim, any lawyer would need to get all of the facts from you.

At this point, as already suggested, save all emails, and keep written records of all questionable behavior.

Sexual harassment is one of our primary areas of practice. Feel free to call for a no cost initial consultation.

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Answered on 7/16/07, 2:20 pm
Terry A. Nelson Nelson & Lawless

Re: Sexual Harrasment

Possibly. You need to take immediate and appropriate action, including notifying the company through management and/or HR departments. If the company doesn't know, they can't correct it. Only under some circumstances would they be liable without being put on notice. You should consult with counsel in this. Feel free to contact me.

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Answered on 7/16/07, 3:11 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Sexual Harrasment

Obviously you need this to stop. You need not suffer from a hostile work environment. Contact me directly.

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Answered on 7/16/07, 4:13 pm


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