Legal Question in Employment Law in California
Harrassed in the parking structure at work
I had 2 incidents with the same parking attendant in one day. When I returned from lunch, the parking attendant gave me a ''side hug'' in greeting. At that time, his hand brushed against my chest - maybe an accident. Then, after work, he walked me to my car, grabbed my hands and kissed me. If I hadn't turned my head, he would have kissed me on the mouth. I notified the parking office. They escalated it to HR. After an ''investigation'', HR sided with the parking attendant because he had 2 witnesses that the contact was intiated by me. The other witnesses were parking attendants. Since then, my employers have tried to me me to a different parking structure 15 minutes away from where I work and the parking attendant has had no ill effects for violating me. What type of lawyer do I need to speak to? Also, what are my rights?
3 Answers from Attorneys
Re: Harrassed in the parking structure at work
An employment law attorney should be able to assist you. You have described activity that if pervasive would rise to the legal definition of sexual harassment. Although the company must take corrective action, moving you to another location is not the best action. What they have done to you is not fair. However, as a general rule, sexual harassment requires ongoing, and outrageous conduct. It is good that the company took action, but I agree with you, it is very sad that they believed witnesses that were apprarently biased. Speak to an attorney who handles sexual harassment law and learn what your options are.
Re: Harrassed in the parking structure at work
Sexual harrassment is a very serious tort. You would be entitled to lost wages, general damages (pain and suffering), potentially punitive damages, and, worker's compensation benefits for the stress claim filed simultaneousely with the civil action. Please contact me directly at (619) 222-3504.
Re: Harrassed in the parking structure at work
he is also guilty of a crime called sexual battery and you should file a police report.
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