Legal Question in Discrimination Law in California

To whom do I report sexual harassment by the company owner? It's a very small company...and the "HR dept" IS the company owner who is sexually harassing my niece. Who can she turn to for help? The EEOC or a private attorney?


Asked on 7/23/09, 12:59 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

When you are dealing with a small company like this, it rarely does any good to complain directly to the person causing the harassment, unless it is the type of conduct the owner may truly not realize is offensive and is capable of changing his behavior.

Generally the best approach is to hire a private attorney who will gather all available evidence to build a case and either confront the employer directly or take legal action, if warranted. Alternatively, the employee may file a complaint with the California Dept. of Fair Employment and Housing or the U.S. Equal Employment Opportunity Commission. There are strict deadlines to do this, so such complaints should not be delayed if going that route.

The employee should document all harassing events, such as when they occurred, who was there to witness it, and detail each incident. Lawyers like to see detailed timelines to assist them. For more informative advice, if would be prudent to schedule and appointment with an experienced employment law attorney in your area.

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Answered on 7/23/09, 1:12 pm


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