Legal Question in Employment Law in California

sexual harassment claim witness

2 months ago I filed a sexual harassment claim stateing 3 incidents and provided witnesses for all 3 incidents.

Up until this timeI have not been informed of the outcome of the investigation and what actiond has been taken and they have not talk to the witnesses yet.they are not taking this seriously or maybe they think I do not know what to do.( are this witnesses protected against retaliation even if the employer decides not to take their statements?? Or they are just better off not enterviewing the witnesses that way this people can not engage in protected activity ??


Asked on 6/26/03, 4:43 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: sexual harassment claim witness

Under the Fair Employment and Housing Act of California you have a civil case but you must file with the DFEH first. Call me directly at (619) 222-3504.

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Answered on 7/15/03, 9:00 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: sexual harassment claim witness

Thank you for your inquiry.

If an employer fails to investigate allegations of sexual harassment, they can be held liable if the sexual harassment continues, or if they decide to take some action against you for the complaint.

You may want to continue to check with management regarding the investigation so that this is not on the "back burner" and something is done about your complaint.

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Answered on 7/15/03, 9:02 pm
Terry A. Nelson Nelson & Lawless

Re: sexual harassment claim witness

The company is obligated to honestly investigate and remedy discrimination and harassment claims. If they don't do so in a reasonable time, you can file a claim with DFEH and follow it up with a lawsuit, if you have sufficient facts to support a case. Contact me if interested in pursuing your claim or suit.

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Answered on 7/15/03, 9:08 pm


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