Legal Question in Employment Law in California
sexual harassment and temper tantrums of employer
Two female employees were subjected to ongoing sexual harassment by executive director, as well as his intense temper tantrums. Just discovered that another female employee from 1996 had same experience. She filed with EEOC in 96, tried to sue but was unable since it was ''her word versus his'' (a ph.d.)and it is a non profit agency; her records, showing that members of the board during her past experience are still present on the board today. Are they responsible in any way for the continuation of this director's sexual harassment and temper tantrums to employees?
2 Answers from Attorneys
Re: sexual harassment and temper tantrums of employer
Knowledge of an executive's illegal harassment and failure to take corrective action not only violates the Fair Employment and Housing Act, it often gives rise to punitive damages. This was the scenario that generated one of the largest sex harassment awards in California history (Weeks v. Baker McKenzie). However, it is unlikely that the individual Board members would be personally liable for the Executive Director's actions.
Re: sexual harassment and temper tantrums of employer
If it is ongoing, or at least within the last year, the females can complain, file charges and lawsuits against the company. The past conduct is usable as evidence of notice of problem. It is the company that is liable, and it is difficult to go after individuals, but not impossible. The focus should be on pursuing remedy now. They should be formally complaining to management in writing, since the company is not liable unless they are on notice of the problem. Have them contact me if interested in discussing their rights and the remedies available.
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