Legal Question in Employment Law in California

I am a female. I work in a restaurant as a server . I have a customer that is continually making rude sexual innuendos concerning my body parts as compared to the food she orders and has actually taken pictures of me without my permission while I am working. I have confronted her and told her I am extremely uncomfortable with this and that she may NOT take my picture. She laughs as if it is a joke. I have assured her AND my boss that this is no joke. I recently have refused to serve her because of this. Do I have that right? My boss says I cannot refuse her service. What can I do?


Asked on 1/04/15, 10:28 am

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

In California, your employer actually has an obligation to prevent sexual harassment in the workplace, even by customers. From what you have said, it seems your boss may actually have the obligation to actively NOT have you serve this patron. You should consult with an employment lawyer so that the lawyer is aware of the entire situation (as it is difficult to gain a full understanding through limited questions such as these). Please contact us for further consultation if you want. Our website is www.sarnofflaw.com, and our phone number is (877) 877-2545.

Read more
Answered on 1/04/15, 3:55 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California