Legal Question in Sexual Harassment in California

Is this considered sexual harassment?

I took an assignment from an empolyment agency. My first day I was working on the computer and as I was working I heard a click from a camera cell phone. When I looked up my boss had the phone pointed at me and was taking pictures of me. I did not confront him. When I got home I called the employment agency and told them what happened and that I did not fell comfortable working there. They have told me that this is not considered sexual harassment because he could think of ways to justify his picture taking of me. Would this be considered sexual harassment or harassment of any kind? What should I do?


Asked on 6/27/05, 3:48 pm

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

Re: Is this considered sexual harassment?

Without more information it is difficult to label taking a picture of you as sexual harassment. If you were a male, would you be making the same claim? Do you know if male employees have had their pictures taken as well? Have you inquired what the purpose of the pictures are?

Sexual harassment must be severe and pervasive to be actionable by law. You may wish to consider reporting these actions to the company human resource department to investigate just what this boss was up to and what his intentions were.

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Answered on 7/06/05, 8:16 am


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