Legal Question in Sexual Harassment in California

double standard sexual harassment situation

I work in retail clothing and find my supervisors not upholding our sexual harassment policy. My previous manager was fired after he counseled an employee that we felt was not performing and a belated complaint about an off the cuff remark was filed. Our new store manager(SM) is one of our District Manager's(DM) ''favorites''. This person sees no problem telling sexual escapades in detail, making comments to/about customers & forcing employees out. I have filed a complaint with our human resources and our DM has now started a ''mock'' investigation. We were told that they did not see the behavior as severe as we felt and it only merited a warning. In interviews our DM repeatedly questioned our statements reminding us that their opinion was that the accused was a ''good manager''. Repeatedly during the ''investigation'' after we spoke with our DM our SM would take ''private'' cell. phone calls in the back room and return angry and upset. After we gave our statements our SM received a phone call and wrote directions and an address down. When we entered the info online it turned out to be our DM's house. It seems obvious that they are conspiring as suddenly I seem to have developed ''performance issues'' when I had none before. What now?


Asked on 5/24/05, 4:17 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: double standard sexual harassment situation

The law protects you from retaliation for making a complaint of sexual or other illegal discrimination and harassment. You can file a Claim with DFEH or EEOC, and follow it up with a lawsuit. You have to prove your case. Consult with local experienced counsel about the facts and evidence.

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Answered on 6/02/05, 2:53 pm
J. Spikes Property Law Center

Re: double standard sexual harassment situation

Based on the facts you described, it appears your company is not taking its obligations seriously. Even if you haven't complained about the SM's sexually inappropriate comments, the company is strictly liable for such sexual harassment.

You might want to consider filing a formal complaint at the Department of Fair Employment and Housing. Their web page is www.dfeh.ca.gov. There is also a toll-free number. Keep in mind that you do not get to determine what punishment the SM gets, but he should definitely stop the behavior and there should be no retaliation against you.

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Answered on 6/01/05, 5:31 pm


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