Legal Question in Employment Law in California
Do I have a basis for a lawsuit case?
Hi,
My question is...do I have the basis for a lawsuit for harrassment and/or discrimination based upon what happened to me? I have two witnesses who saw what happened, one of whom was a part of what happened. Here is what happened..One of the instructional aidesat school came out of the office and invited me to go into lounge to get a bite of the wonderful salads and food that was there being that she, who also works had just come out with a plate. As soon as I started to say thank you to her for letting me know, the school secretary, who had the office window open, bursted through the door and yelled at the aide and myself saying ''That is not for you, it is not for her, it is only for staff, it is only for people who work here''. When I then explained to her that I AM Staff and I do work here, her response rudely was that well I guess you work here but it is not for you, and then she abuptly went inside.
As a result of what happened with the school secretary and I at my job, I felt so uncomfortable about working there knowing I would be seeing her everyday and that it could happen again that I felt I had no choice but to quit. I have been asked to come back, however, I am hesitant. What do you suggest?
2 Answers from Attorneys
Re: Do I have a basis for a lawsuit case?
Based upon the facts, you have no claim. Discrimination and harassment must be based upon legally protected status (age, race, gender, etc)and although the secretary was rude, she engaged in no unlawful conduct. Moreover, a quit and sue approach will work only when you are "constructively discharged". That is you were compelled to work under conditions that were so onerous that no reasonable person would continue. That is not the case here as this was a one-time event. I strongly suggest that you attempt to return to work.
Re: Do I have a basis for a lawsuit case?
I am sorry that you found it so unbearable that you've had to quit (or take leave). Talk to the school administrator, explain what happened and your reaction, and ask if there might be some other assignment that would minimize contact with this other person. Perhaps a discussion (with the administrator present) with the other person would help to alleviate your apprehension.
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