Legal Question in Sexual Harassment in California
please advise!
I am a new employee in a company. And since day one my trainer has been harassing me verbally. He would constantly whisper in my ears that i smelled so good and that it must smell extra good ''down there''. He would also say like ''hmmm, your so delicious i want to eat you up...'' and stuff like that. At first i just ignored him but i told him to stopped. He still keep doing it. He even said to me one time when he saw me smiling that ''you looked so happy but i can make you happier, what do you think can i reserved a room now?'' And the worst part was he kissed me on the lips when we where alone in the elevator. I feel so devasted. I was having a hard time telling my supervisor because he told me that if i complained nobody would believed me me because he has been in the company for the longest time and he never had any complaints against him and that everybody knows that he is married. But i already addressed the issue to the HR dept and they said that they will investigate. I am just afraid that nobody would belived me afterall. it will be a he said, she said situation. His words against mine. Do i have a sexual harrassment case here? What proofs do i need? Thanks for your help!
4 Answers from Attorneys
Re: please advise!
You have a sexual harassment claim against the employee. The company is required to investigate and is properly undertaking such task. Whether its investigation is as complete as possible will be another story. You might tell HR that you cannot train with him, and if further training is needed you would request a female trainer. (I assume you're female.)
Re: please advise!
This is clear sexual harassment and hostile environment. However, until you complained to the company, they have no opportunity to correct the situation. You do have a claim of harassment and damages, and should pursue it. If the company does not take proper corrective and remedial action after your complaint, it makes it worse for them. Feel free to contact me to discuss your rights and remedies.
Re: please advise!
It sounds as if you have a strong case for sexual harassment. It is unclear whether the wrongdoer is a "supervisor," but if he is, the company may be strictly liable for his actions. We have much experience in sexual harassment claims. Feel free to contact us for a free consultation.
Re: please advise!
Make a complaint with teh DFEH and call an attorney. For assistance, call me directly at 1.619.222.3504 or e-mail me at the address below.
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