Legal Question in Sexual Harassment in California

It is not a question of being fair. If you are asking is it legal, the answer is yes, so far it is.

Employers are not legally liable for the actions of non-managerial personnel, until they are made aware of their actions. Once the company becomes aware that a co-worker is committing some form of sexual harassment, the employer has a duty to investigate and to take effective measures designed to stop the harassment and prevent it from continuing. These remedial measures can be anything from a written warning, to requiring the employee to take sensitivity or sexual harassment training, a suspension, ultimately to termination, as long as what they do is effective to stop the harassment. They are not required to fire the employee.

Of course, if the employee still doesn't get it and continues to harass or retaliate against those who complained, now the employer may be held responsible.

The best thing to do is to go about your work and try not to let his presence bother you. If he continues to engage in unwanted or offensive behavior, report him immediately.

"Fair" is not the legal standard. If the discipline and the company response to complaints was 'reasonable under the circumstances', taking into account the rights of both the complainants and the culprit, then the company has done its legal duty. If the circumstances were so severe that it is clear he should have been terminated to 'protect' you from further violations, you might have a basis to bring action against the company. Your analysis must be, is the company liable for the initial 'discrimination' under the law, or is it liable for failure to appropriately remedy the situation after notice of the problem. That depends upon all the facts. If you can show the company failed in its duty or violated the rules, feel free to contact me i