Legal Question in Employment Law in California
Sexual Harassment and Employer's Negligence
I work as a lifeguard at an outdoor pool. I was sexually harassed by a customer. This customer comes to the pool with an orgainized rec group. The customer asked me some very sexually explicit questions, and when I attempted to walk away from them, the customer grabbed my shirt. I then promptly left the area.
I called my manager the evening after the incident, and I gave them a detailed explination of the events and customer who sexually harassed me. Nothing was done about the situation until nearly 2 months after the event and phone call. The customer had also sexually harassed another one of our employees and the customer was continually allowed to use the facility for the 2 month period.
Was my employer negligent?(because of the time period) What legal actions can be taken against my employer? Is the group the customer comes with responsible also?
2 Answers from Attorneys
Re: Sexual Harassment and Employer's Negligence
A recent appellate court decision said that an employer is not responsible for the actions of its customers. Despite the lack of logic in the decision, it creates a major problem for you. You could go after the customer, and possibly his employer if they knew of his actions and condoned them. You could also have charged him with criminal assault, but it may be too late now. You might want to have a lawyer write a letter to the interested parties to try to get their attention and prevent any further harassment.
Re: Sexual Harassment and Employer's Negligence
An employer can become liable for sexual harassment or hostile environment if they do nothing to prevent further incidents after you complain, or if they allow the culprit to continue visiting if you complain it creates a sexually hostile environment for you. You can try to file a police report against the culprit for assault, and/or sue him at the same time as the employer. If you have proof of what you say, through witnesses or documents, and wish to pursue this, contact me.
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