Legal Question in Sexual Harassment in California

Re: Employment Law & Dismissal

Thanks for your posting. Because you have not been fired yet, most of your discussion is academic at this point. To be frank, because you've waited until you have been fired, and it doesn't appear you've lodged any written or formal complaints at the time of the harassment, your case may be weakened due to the fact that you are being fired (potentially). "Sexual harassment is an illegal form of sex discrimination, and the U.S. Supreme Court has stated that an employee has the right to work in an environment free of abusive sexual harassment.

The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature."

A "hostile environment" describes an abusive and grossly offensive or intimidating work atmosphere which interferes with the employee�s work performance. Sexual, verbal, or physical advances that the employee did not incite and considers offensive define such an environment.

The Supreme Court has ruled that to claim hostile environment harassment, the victim must usually show a pattern of repeated offensive sexual conduct or remarks that are pervasive enough to create an "abusive" work atmosphere. Immediately lodging a formal complaint every time the conduct occurs helps build such a case, and as I mentioned, that is a problem in your case.

Management may be liable for other�s actions if it does not take steps to create a safe work environment for employees, but again, only if they knew about it, and your complaints are not clear from your description.

Normally, the advice is to notify a supervisor, the employer, or personnel manager of harassment and file a grievance report. If no corrective action is taken, you may file a complaint with the EEOC within 180 days of the alleged discriminatory act or acts. The EEOC will investigate and decide whether to sue on your behalf. If the agency chooses not to litigate, it issues a "notice of right-to-sue," allowing you to pursue a court case on your own. By law, an employer cannot take retaliatory action against an employee for filing a sexual harassment complaint.

Best of luck, and if you have any other questions, please feel free to email or call me.

Re: Employment Law & Dismissal

It's awfully late to complain now, but there can be no retaliatory firing claim without complaint. Go ahead. You still have a sexually hostile environment claim, if you can prove the facts you allege, through witnesses other than yourself. I would be interested in discussing it if you can. Call 714-960-7584

Re: Employment Law & Dismissal

Consult with a local employment/sexual harassment attorney--the harassment must be of a continuing and hostile nature, but you may have enough evidence to prove such a claim. The consultation will help because even if you don't pursue a claim, you will want to be aware of your rights before accepting any severance offers/agreements, and may wish to have the attorney negotiate that for you.