Legal Question in Employment Law in California

Re: sexual harrasment

Your post does not have much information. We cannot tell whether the denial is coming at work when the harasser is confronted by HR or a

supervisor, or whether it's in litigation already. We have been handling sexual harassment cases for over 15 years and only once during that time did the harasser own up to his misdeeds. Self preservation forces the harasser to lie and they often "mirror" the victim's claims by saying the victim was the one that did the stalking, touching, glaring, harassing, and making sexual comments, etc. The bottom line, if you were harassed, you have all of your rights as a victim of sexual harassment. You can complain

internally at work and follow the policies and procedures of your employer, assuming they exist. If there are none, you can complain to the highest level/supervisor/owner. If the highest level person is the harasser, you need to file a claim with the Department of Fair Employment and Housing(DFEH). That will initially protect you from retaliation because the law

prohibits retaliation against a victim that complains or files a claim. If the employer does retaliate in any way after you complain/file, you have a separate claim for retaliation. Both harassment and retaliation provide

the Grand Slam of damages: (1) economic losses (e.g., loss of earnings, medical expenses, etc.); (2) emotional distress damages; (3) punitive damages; and (4) attorney's fees. If you would like more information, ffe free to contact us.

Re: sexual harrasment

Assuming you are the employer, there must be a neutral, dispassionate investigation of the claims. Someone -- preferably from HR, or a hired outside investigator -- should interview the participants, witnesses, and make a determination of who's telling the truth. Once that happens, the "victim" should be notified that either the claim has been or has not been substantiated and that "appropriate action" has been taken. Depending on the nature of the allegation and assuming that it has been substantiated, the "harrasser" should be reassigned so that there's no contact with the other person, a letter of discipline should be put into the personnel file, or the person should be terminated.

But, make sure the investigation is thorough and well-documented.

Re: sexual harrasment

You need to immediately report the sexual harrasment to the supervisor and see if you employer takes any action.This will give your employer a NOTICE. If the harassment continues, then I suggest that you retain an experienced attorney. Please call us at 213.388.7070 for a free consultation.