Legal Question in Sexual Harassment in California

can I take action against my co-worker and not the employer

I recently experienced a period of 6 months were

my boss would touch me and ask me for sexual favors.I reported this to my employer and after several meetings and discussion they decided to transfer me

to another location.I became upset with this transfer and they allowed me to return to my job. My boss was

demoted and trasferred out to another location. The

problem is that I see him at company meetings and he

calls on the phone to my branch. He has told my present co-workers things that are true and damaging

to my reputation.I feel that if I were a women my male

boss would have been terminated,for touching me when

I requested for him to leave me alone several times.I am also gay so I don't think my employer supports my

true story.I left with a mountain of depression and

feeling totally disrespected.When I see him at company

trainings I feel like he is laughing in my face. He

reall hurt me and I feel like he should have been terminated. He has been with the company for a long

time and use to work with the owner when the company was smaller.I would feel better if he was terminated

for mistreating me. I am very professional and know

to always display good character in the work place.


Asked on 2/22/02, 11:35 am

1 Answer from Attorneys
John Ferry Law Offices of John C. Ferry

Re: can I take action against my co-worker and not the employer

You should: (1) continue to make your feelings and grievances known to HR - in other words, document everything and (2) contact the local office of the Department of Fair Employment and Housing and tell them you want to file a discrimination complaint. This is required before you could file suit in any case and doing so should prompt the company to be more responsive to you.

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Answered on 2/25/02, 3:02 pm


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