Legal Question in Employment Law in California
Harrassment at a California State Job
My partner works for California School for the Blind and has been harrassed for the past two years by a guy who works there. He's even go so far as to doctor her timesheets. WHen she complained they put him in charge of the timesheets. She has complained to the administration and to the union and they both say nothing can be done. He teases her and harrasses her everyday, she has been documenting everything and we have copies of the timesheets. There is much more like them not giving her breaks and making her write down that she took one. As well as making her teach classes, when she is not accredited to do so. She is a teacher's assistant.Is there anything at all we can do?
1 Answer from Attorneys
Re: Harrassment at a California State Job
There are several things you can do. But first you need to clarify what you mean by "harassment." Has this man made sexual advances to your partner which have been rebuffed? Has he tied your partner's performance reviews or peaceful participation in the workplace to his sexual desires for her? If there is no sexual component to the "harassment," then it is not actionable.
However, failing to give her breaks (if she works more than four hours a day) is a violation of the Labor Code and is actionable, unless the Union's collective bargaining agreement says otherwise. Teaching without proper credentials is a State law violation, unless the collective bargaining agreement says otherwise.
If your wife is a member of a Union, she needs to take this to her union rep for support and representation. If they do not take up her cause, then she may have a cause of action against the union for failure to enforce the collective bargaining agreement.
You should find yourself a qualified Labor lawyer that works with unions and management under the National Labor Relations Act (as opposed to an "employment lawyer" like me) to advise and counsel your partner on this.
Good luck!
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