Legal Question in Employment Law in California

This might not only be sexual harassment but maybe sexual battery. She should speak with an attorney about how to proceed, the financial and emotional costs, and ramifications.

Having already filed criminal charges, she could file a civil suit for sexual discrimination and harassment in employment. Generally such case would have merit if an 'adverse' employment decision is made against her for refusing such sexual advances. If she didn't get the job, she can argue that is the damage. She will need evidence to corroborate her allegations of what happened, as she can expect the person to deny this. Feel free to have her contact me if serious about pursuing this. I've been doing these cases for over 20 years.

Your friend did the right thing by reporting the incident to the police. If he has done this before, there may be prior reports. Now there is a record, in case he tries to do it again.

Whether she should file a civil lawsuit is a trickier issue. Obviously, she could if she wants to. A lawyer will have to assess what evidence she has to prove her case and what realistic damages she may be able to recover. But if she is concerned about future employers knowing about this, she must consider her actions wisely.

If she was only on a job interview, and never worked for this employer, there is no reason to name them on any job application or resume. No prospective employer need ever know of the incident. But if she sues the attacker and the company, there will be a public record of the lawsuit, which is easily discovered with a few mouse clicks on any computer. Therefore, she must weigh the pros and cons of going forward. An attorney can explain her options to her but, ultimately, only she can decide what is right for her.

I presume that she was not hired. Therefore, she needs to file with the DFEH or EEOC and obtain a right to sue letter for the employment discrimination cause of action. 20 years experience....contact me direclty.