Legal Question in Sexual Harassment in California
my daughter was text by another employee "to suck his ? " and she showed it to her manager in her department and then was showed to the manager of the store and he laughed and made her feel uncomfortable and then he showed it to the next manager up and he laughed and they gave him 5 day suspension and now he has been texting her about turning him in and she brought that to there attention that it was to be confidentual and as you can see its just getting bigger and she feels at fault what can we do?
1 Answer from Attorneys
If there is a Human Resource Dept., it should be addressed through them. Employers have a legal obligation to take immediate corrective action, when advised of sexual harassment. They also are required to prevent any form of retaliation. They are supposed to be trained on this, but not all companies get the message, as is indicated by your daughter's employer.
She should start keeping a journal, at home, keeping notes of any event related to this, including conversations and statements made, witnesses, texts, etc. She should make herself familiar with the employer's sexual harassment policy and procedures and learn who the appropriate person is to complain to, which is generally through human resources. Everything should be documented. And she should not discuss the matter with anyone not part of the investigation or involved management.
If it appears they will not take this matter seriously, your daughter should consult with an employment law attorney in your area.
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