Legal Question in Employment Law in California
sexual discrimination
What constitutes sexual harrassment and breach of productive work environment?
Conduct in question: A male executive tosses candy at women around the conference table to see if they will 'catch'; flings erasers at female managers to see if they will pick it up off the floor in front of other staff; walks up behind female (junior) staff to scare them; uses body to block female staff from entering the front door; uses intimidation tactics such as threatening to fire staff for not following through on his personal (non-sexual)requests.
4 Answers from Attorneys
Re: sexual discrimination
Sex harrasment is repetitive and extreme conduct of a sexual nature which tends to make the other person uncomfortable because it creates a sexually charged work environment. It can also occur when an employer or superior demands sexual "favors" or conduct as a term or condition of employment, promotion, pay, etc.
The conduct you described may or may not constitute sexual harassment. Tossing the candy in the direction of female employees, for example, does not necessarily constitute sex harassment, but if his targets were, for example,
having it land between her breasts, up her skirt, etc., it very well would be. Or if he is flinging an eraser towards a female employee wearing a low-cut blouse to see if he can get a better peek, or wearing a short skirt to see it ride up a bit higher in the rear when she bends over, that could definitely be sex harrassment as it sounds like this kind of behavior is repetitive.
The other stuff you describe, the blocking of paths, etc. could constitute any one of several "torts", including assault, unlawful restraint, battery, intentional affliction of emotional harm, etc., for which you can definitely sue him, and very likely his employer as well. If it becomes physical and extreme enough, it could become criminal, justifying calling the police.
This guy sounds like a world class jerk. All the women being subjected to this should definitely complain to whoever in the company is responsible for sex harassment and employee misconduct complaints. There is strength in numbers, and, unless you are working for a very sleezy company, or he runs it, they will not be amused. He will probably pretty much have to crawl to keep his job.
Contact me at [email protected] if you need further assistance.
Re: sexual discrimination
By the way,if this is only happening to female employees, and if he is your superior, or if the women's superiors are condoning it or tolerating it, it could be just plain old sex discrimination in employment because only females are being subjected to it.
Re: sexual discrimination
It sounds like this "jerk" is targeting women with his bad actions. May or may not be sexual harassment. Other causes may also exist and conduct should be stopped, however, you can only act on your own behalf against this guy. If others with to pursue claim, they must also act. Call to discuss. Don Holben 800-685-6950
Re: sexual discrimination
The women have a great sexual harassment claim. Contact me if interested in pursuing, as this has been my speciality for 15 years.
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