Legal Question in Employment Law in California

First of all, your company needs to take a more proactive role in preventing sexual harassment and/or discrimination. Regardless of whether or not they want you to "solve these issues," the company is ultimately liable for the sexual harassment in the workplace, especially after the complaint has been received by someone in management. You need to speak with your superiors and urge them to hire an attorney and/or conduct an impartial investigation into the complaint. You also need to report this to your superiors to protect yourself and so that you are not the only person to blame if the cashier files a lawsuit.

If your company takes no action after you have reported this complaint to your superiors, then you need to investigate the claim by interviewing both the cashier who complained and the Assistant Service Manager to determine their stories. You need to look at all the evidence and speak to any witnesses you can. Ultimately, you need to determine, to the best of your abilities, what happened.

Most importantly, if sexual harassment did occur, then you need to discipline the Assistant Service Manager in a manner befitting the conduct. If the harassment is severe, the discipline needs to be severe. If your company has a sexual harassment policy or any material in a handbook on dealing with these situations, consult those policies first.

My firm does not represent employers, but if you would like, I would be happy to give you some names of good employer-side attorneys and law firms for you to present to your superiors. You can email us at [email protected]. You can also visit our website at www.sarnofflaw.com for more information.

First and foremost, get the company / corporate HR and attorneys involved immediately. She is threatening a serious lawsuit. You should immediately acknowledge her complaint, advise it is being investigated, and take appropriate action to protect her from retaliation and further harassment. You must assume, for the moment and subject to investigation, the truth of her accusations. If your company does not have litigation counsel experienced in such employment law, feel free to contact me for the legal help you need.