Legal Question in Sexual Harassment in California
Co-worker who preys on married women
I have a co-worker who belongs to my circle of friends; last year he fell in love with me, even though I am married and repeatedly told him that we were just going to be friends. He told me that he loved me in and out of the workplace, and really made working uncomfortable for me. His remarks were not sexual in nature, but he did repeatedly want to know why I didn't love him. I have since told him to stop and that we were going to be work friends only. Since then he has respected my wishes, although recently he tried to initiate a couple of phone calls outside of work. I reminded him that we are ''work friends'' and he was treading on that boundary. Last week I found out from another married female employee that he has been following her around and asking her if she wanted to have an affair. She feels that this is very annoying and is starting to get really freaked out about it. One of her co-workers to report him. In my situation I thought he just made a serious lapse in judgement, but now that I know he's bothering another woman, I think we serious problem on our hands. Management has not yet been notified since we haven't decided the course of action we want to take. What steps should we take?
3 Answers from Attorneys
Re: Co-worker who preys on married women
Immediately file written reports with mgmt, detailing the facts of his behavior, and requesting specific corrective action. If the company fails to properly remedy, then you would have a claim of workplace sexual harassment. If the company never knew of it, they can not be responsible or liable.
Re: Co-worker who preys on married women
Hello!
A report may be made to the offender's immediate supervisor. The report should be truthful and not embellished. Ask for the offender to be moved to another department or facility.
If that does not work, make a second report directly to the head of HR and in that 2nd report specify that the earlier report was made.
Although his actions may be creepy, it sounds like you do not have a strong "harassment" or hostile environment case or the desire to have one. I also glean that you are interested in being left alone, not having a case.
Your sincerity will freak out HR and they should act.
If this does not work, then you have legal remedies!
Respectfully,
Mark Mitchell Geyer
Re: Co-worker who preys on married women
Employers are required to investigate and remedy harassment in the work place. Your company policy should set forth a procedure for notifying the employer of incidents that make you or your co-workers uncomfortable. You should follow it and make the appropriate reports. Consensual relationships that go too far are certainly among the circumstances that can lead to unlawful harassment. However some employers tend to minimize such claims due to the "history." The involvement of others would assist the employer in analyzing the facts and to establish credibility.
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