Legal Question in Discrimination Law in California
I have worked for a company for 25 years and have always worn a uniform and my shirt untucked because we have woman and gay men who whistle at everyones back side. We have a new safety guy requesting that shirts be tucked in and I feel it should be my choice, because of the whistles and comments about my butt. I am there to work not get picked up on- what is my recourse
3 Answers from Attorneys
Safety Guy is trying to save your butt from an increased risk of industrial injury, for example from your shirt tails getting caught in some equipment. Sorry about the embarrassment.
I agree with Mr. Stone, employers have a duty to implement safety rules. If you feel the whistles rise to the level of sexual harassment, make a complaint to the human resource Dept., which has the legal responsibility of stopping the harassment.
The other attorneys are right. They have a right to make you tuck in your shirt, but you then have a right to file a sexual harassment complaint, and to sue if they don't put a stop to it.
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