Legal Question in Employment Law in California

I currently work for a company that I believe is a hostile work environment. The problem is that the hostility is coming from the CEO. He has cursed at me many times, calling me stupid and saying derogatory statements to me. He has also used racial slurs and sexist comments in my presence. He has asked the hiring manager if the girls she is interviewing are pretty and if not do they at least have a good body. There are employees in the office that are afraid and dread going in to his office because of his actions. The office staff is stressed and on edge and many of them are trying to look for new jobs but it is difficult with the job market in California. I am in a management position and am afraid to confront, or stick up for myself in fear of losing my job. Whenever a person hired has stood up to him, they have been fired. The reason used has been "creative differences". I moved across the country to take this job and now feel stuck having to take this abuse. What are mine and my coworker�s options?


Asked on 1/22/11, 4:41 pm

2 Answers from Attorneys
Raven Sarnoff

It sounds like the CEO may be subjecting you and/or your coworkers to unlawful hostile environment sexual and/or racial harassment. Legally, the best thing for you to do is complain, IN WRITING, to HR, or if the CEO is the only person in the company there is to complain to, then to the CEO himself. It is unlawful for a company to retaliate against an employee who complains about what he or she reasonably and honestly believes is sexual and/or racial harassment. If you do get fired after complaining, you can sue the company for sexual harassment, failure to prevent and remedy harassment, and retaliation for complaining about unlawful harassment.

You should consult with an employment attorney for a more individualized analysis of your particular situation. Please feel free to call our office at (213) 536-4236, email us at [email protected], or fill out our online questionnaire at www.sarnofflaw.com.

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Answered on 1/27/11, 2:13 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Ms. Sarnoff is absolutely correct. Your choice is to do nothing to keep your job or risk it by opposing the unlawful activity. If you do oppose it, it must be documented so you have proof. If you are fired for unsubstantiated reasons, right after opposing the unlawful actions, you will have a clear case of retaliation.

I realize these are tough choices to make. Before making your decision, you should retain experienced employment law counsel to help guide you through this and weigh the pros and cons.

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Answered on 1/27/11, 2:30 pm


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