Legal Question in Employment Law in California
i am being very clearly sexually hirassed by my manager. the problem is i work as a dancer at a smallish club owned by 2 women there is no human resources and no proticol for such a thing. one owner as been told repeatidly of his actions, and im not the only one. She wont get rid of him because there is no one else to replace him. She does however fire every girl who mentions sueing or any government entity that could cause her problems. What do i do?
2 Answers from Attorneys
You should hire a lawyer, in your area, who represents sexual harassment victims and let him or her do the talking for you. You can find a lawyer in your area by going to http://www.cela.org/ and click on Member Search, "sexual harassment" for the practice area and and add the County you are in.
While it is impossible to determine the extent to which you may have a case, these are pretty egregious facts which may form the basis for a harassment and/or retaliation claim against the club. It is unlawful for an employer to permit sexual harassment in the workplace and it is considered unlawful retaliation for an employer to terminate an employee for complaining about sexual harassment or reporting such harassment to a government agency.
Nevertheless, the question, as always, is whether or not you can prove the harassment and retaliation occurred. One of the best ways to do this is to have witnesses testify on your behalf. This can include the other women who have been sexually harassed as well as those who have been fired for complaining about sexual harassment. It would also be necessary to prove you complained to the owners about your manager�s conduct, which can include an email you sent them detailing the sexual harassment by the manager.
If you would like further information, or would like to discuss this matter in more detail, feel free to complete our Confidential Online Case Evaluation Form, which can be found at our website at www.sarnofflaw.com.