Legal Question in Sexual Harassment in California

Does the following count for sexual harassment, even if the occurence wasn't directly at the workplace? : I am an 18 yr old waitress at a non-corporate restaurant. One night after work, two managers (one male in his 40's and one female in her 30's) as well as one of the actual owners of the restaurant (in his 50s) invited me and another waitress (22 yrs old) to eat at this new restaurant/lounge in LA with them. They asked me to be the designated driver. However, last minute, they had a friend of theirs come along and drive instead, and had 4 pple squeeze in the backseat, and we ended up not going to that restaurant, rather another one where my managers had known the owners there, so they did not ID me and I was able to drink. My managers bought me drinks, without my request for them. I told them I had never dranken before, yet they kept buying me shots of tequila. I ended up drinking 3 shots of patron and a martini in the span of 45 mins. I was unaware of how drunk I was getting because of how quickly the shots were downed. By the time we left the restaurant I was so drunk I could barely stand up. By the time I got in the car, I had passed out. On the car ride home, I kept slipping in and out of consciousness. Every time I woke up, I opened my eyes to someone groping me, and the owner of the restaurant who was sitting in the front seat kept trying to reach his hand all the way up my dress. I remember I kept trying to push his hand away but he kept touching my vagina. I had stockings on, so there was no penetration, but he did try to reach his hands under my stockings. The music was really loud and I was too out of it to verbally say No. While that was going on, the manager sitting next to me kept trying to make out with me. No actions were given to tell him to stop, but by the time I had finally snapped out of it and "woke up to reality" I harshly pushed them all off and demanded they take me and the other girl back to her house. Instead, they took us to the male manager's house, where they tried to sober me up with coffee and tell me everything was okay, and firmly told me I would go back to work in a couple days and act like nothing ever happened. It was as if they were trying to brainwash me to believe that this was normal. I did not feel safe and I demanded I be taken to the other girls house, where I was staying the night. They drove us there..The next day I told them to take me off the schedule because I needed some time to think...I know I am going to have to quit, because it is not okay to ignore morality and act like that was okay, and have to work for those scumbags. It wasn't, it was wrong, they put me in a bad position, and I feel justice needs to be served. Not only do I have to give up a very well paying job that I worked very hard for because of their sexual harassment, but I also had to face emotional anguish with "right vrs wrong" and share in unwanted lose conduct, and my trust with authority figures is very confused. So my question is, Does all of this count for sexual harassment even if the occurence was not directly at the work place?


Asked on 8/13/10, 12:08 pm

3 Answers from Attorneys

It sure does! It is also a crime. You need to report this to the police and then find a local lawyer to sue these dirtbags for everything you can get.

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Answered on 8/18/10, 12:18 pm
James Bame San Diego Law Office

Yes you have a civil case as well as the ability to prosecute criminally. Contact me directly.

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Answered on 8/18/10, 12:55 pm
Terry A. Nelson Nelson & Lawless

Under the circumstances you describe, it can easily be argued that this was a part of employment, and thus make it subject to an employment discrimination and sexual harassment and hostile environment lawsuit. The conduct affected your employment, obviously. If serious about pursuing this, feel free to contact me. I've been doing these cases for over 20 years.

As pointed out, you should consider filing a police report as well. Doing so will add to your 'credibility' and seriousness in the civil lawsuit.

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Answered on 8/19/10, 10:11 am


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