Legal Question in Sexual Harassment in California
New employer tried to kiss me
Recently hired for a new position. My boss to be asked me to meet him for dinner to celebrate and talk about the new position. I did, we had dinner and drinks. Talked about work and towards he end of diner he started asking personal questions, if I was single and all. When we said good bye he asked for a hug which I gave him and he kissed me on the lips. I pulled away. Needless to say it was an awkward moment and I left with out saying anything. I'm having second thoughts about taking this job now because of his auctions. is this considered sexual harrasement? I'm a female and new potential boss is male.
3 Answers from Attorneys
Re: New employer tried to kiss me
It appears as though your situation may have some legal issues. Please contact us to discuss further.
Thank you,
Kay Tuazon
www.cooperlawoffice.com
Re: New employer tried to kiss me
In order for there to be sexual harassment, the conduct must be either severe or pervasive. One kiss on the lips is neither. If you take the job and this persists, then it may rise to that level. You should probably tell him that you just want a professional relationship and hopefully that will end it. You may have another cause of action for sexual battery pursuant to Civil Code section 1708.5. That statute provides: (a) A person commits a sexual battery who does any of the following: (1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results. (b) A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages. (c) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper. (d) For the purposes of this section "intimate part" means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female. ... (f) For purposes of this section "offensive contact" means contact
that offends a reasonable sense of personal dignity. To show a violation of this section, you would have to argue that the lips are a sexual organ, unless he touched you in any other way under the statute. But the real question would be, what are your damages? Besides being offended, are you really damaged here? Probably not. If he fires you or changes your job duties based on what you were originally led to believe when you accepted the job offer, all because you would not accept his sexual advances, that would be unlawful retaliation. Then you would probably have a good case.
Re: New employer tried to kiss me
Yes. You may file with the DFEH if you do not wish to work there any longer. Contact me directly.
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