Legal Question in Employment Law in California

Supervisor Is Harassing After Advances Were Rebuff

I am male PC/Local Area Network Specialist and my supervisor is male,

apparently homosexual. On several occasions he has leered at me making

feel uncomfortable, but I played dumb and ignored it. On occasions I've

called in sick, he has offered to come over to my apartment if I

needed anything. Again I played dumb and politely refused.

Now he has put me on probation for everything from not taking a lunch

during an eight hour workday; unauthorized day off (which is not true, I

had verbal approval from him); to having my office door closed too often

and thus restricting access to me. I correctly thought that it would be seen as "sour grapes", but I was compelled to go to the Human

Resources department and report the previous incidents.I was told by the Director of H.R. that in defending himself, my supervisor stated he treated everybody the same when they called in sick. H.R. was going to leave it there. I took the initiative and discreetly asked the other employees if this were true. They all responded in the negative. I've taken this new information impeaching his credibility to H.R. and I'm now awaiting further action. How long do I have to tolerate this situation before I can quit and file a claim?


Asked on 2/09/99, 2:06 pm

1 Answer from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: Supervisor Harassing After Rebuff

Employers must be given a reasonable amount of time after an employee's complaint, to investigate and take appropriate action. If an employee suffers adverse employment consequences, has complained about the supervisor's "unlawful" actions, and the employer continually refuses to take action, the employee can file a claim with the appropriate governmental agency.

Stuart Kaye

Law Offices of Stuart M. Kaye

8355 La Mesa Boulevard


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Answered on 2/17/99, 8:58 am


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