Legal Question in Sexual Harassment in California

Confused in California

For the last several months I have been sexually harassed by an employee. As this persons supervisor I had to have daily contact. The harassment was over the phone, in the office alone & in the office in the presence of another manager. I have tried to avoid contact with this person even going as far as falsifying a document as not to have to be alone in the same automobile as this person. I had confided in other managers about what was happening. I asked this person to stop as did one of the other managers. I finally took this up with my Operations Manager and the employee got a written reprimand. He wrote a rebuttal stating that I was the agressor, so I decided to take this to my corporate office. I told them that I cannot work with this employee and that I actually fear him. I have made sure that for the last 8 months I have never been alone with this person. I know fear that I may lose my job due to falsifying the document. What are my options? Thank you for your help.


Asked on 5/13/02, 10:48 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Confused in California

Though your situation is the reverse of the ususal scenario, where a supervisor harasses the subordinate, the obligation of your employer is the same, that is to take effective measures to stop the harassment. If the written reprimand is sufficient to accomplish this, they have done their job. They don't have to fire the employee to make you feel more comfortable.

For your part, it is imperative that you be familiar with the company's sexual harassment policies and follow their complaint procedure. It sounds as though you did not do that and falsified a document instead. While well meaning, this act could legally get you fired if the employer is inclined to do so.

In the future, follow the company's complaint procedure, and document, document, document!

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Answered on 5/30/02, 12:01 am


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