Legal Question in Business Law in California
Sexual Harassment
My girlfriend is 17 and is being sexually harassed by an older male co-worker. He only flirts with her to her face, but when she isn't looking he makes jokes about having sex with her, calls her ''my love'' and stares at her. She says she is so uncomfortable that she can't even work near the back (where he works) because of him.
She thinks that if I call her manager and tell him what is going on, nothing will happen.
1. Is the manager or business required to take action against the accused, and if so to what degree?
2. If no action is taken, what statutes would the business be in violation of, and what action can be taken against them?
2 Answers from Attorneys
Re: Sexual Harassment
If there is an employee manual, she should look at it and see to whom such conduct should be reported. Depending on the size of the business, sometimes it might be at the corporate office. She also should report it to the manager. If he doesn't initiate an investigation, then the company can be liable for sexual harassment. He also should separate the two. Finally, if it's causing such distress and nothing is done, she should consider getting out of that hostile work environment and finding other work. If that's the case, then she can file a complaint with the CA Department of Fair Employment and Housing for sexual harassment and wrongful (constructive) termination. See California Government Code sections 12940 and those that follow for such harassment and discrimination prohibitions.
Re: Sexual Harassment
She, not you, needs to lodge a formal complaint to management and demand remedy. She may have grounds for a suit for sexual harassment, depending upon the facts and evidence she can produce. If she wants legal help, have her contact me.
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