Legal Question in Sexual Harassment in California

Coworker is out of line- Manager not responding

Today a coworker of mine(we'll call him Bob) took a female into a storage closet within a main hallway and had her give him oral sex. A female coworker of mine heard noises within the closet and got the manager who opened the closet after drawing everyone's attention to it so everyone could get ''a good laugh.'' One of my male coworkers witnessed the woman in the closet spitting semen out of her mouth into a nearby trash can. Two male coworkers came into my office, discussing the event when ''Bob'' entered. One of my coworkers pointed out the semen stains on his shirt and ''Bob'' proceeded to brush it off onto my desk as a joke to me and the others. ''Bob'' proceeded to brag and make inappropriate comments and gestures. At the time, I laughed along, not wanting to appear ''uncool'' with my coworkers, but after it was over I noticed it was really bothering me. My manager merely repremanded ''Bob'' and ''wrote him up'' which where I work is nothing in particular to worry about. I feel this employee should have been fired on the spot, but my manager is taking it very lightly. Is there anything I can do?


Asked on 11/26/03, 1:27 am

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Coworker is out of line- Manager not responding

You can and should, in writing, draft a complaint in your words regarding the bad conduct and your feelings re gender/sexual discrim/harassment. If you do not take action now and want to in the future, your company will have a defense since you did not report this.

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Answered on 12/02/03, 11:38 am
Terry A. Nelson Nelson & Lawless

Re: Coworker is out of line- Manager not responding

Filing a formal complaint about the incident, and lack of proper corrective action, is the first step. If the company continues to allow sexually offensive conduct, it could open the way for you to bring action for sexual harassment. If you are female, you would be taken more seriously than if male, sorry. If you are retaliated against after complaining, that would be illegal, and provide the basis for an action also. Contact me to discuss if interested and if local to Southern California.

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Answered on 12/02/03, 1:46 pm


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