Legal Question in Sexual Harassment in California

Fighting back against Sexual Harassment.

I work for a small independent company. The owner of the company is my boss. He does have two sons that are now partners of the company. I have had to fend off sexual harassment from the owner (who doesn't comprehend the word ''no''). I have recently told one of the sons about the situation. The three men are now concerned about what I will do. I want the owner and his sons to acknowledge the wrong doing. I am in an emotional turmoil now and I am confused as to what I should do. What legal steps should I take to fight against these violations done to me?


Asked on 3/28/05, 1:18 am

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Fighting back against Sexual Harassment.

You either take legal action or you don't. You either quit or stay. The choices are yours. If you have evidence to prove the sexual harassment, then legal action could lead to a monetary recovery, whether you stay or quit. If interested in pursuing such action, contact me to discuss the facts and evidence.

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Answered on 4/07/05, 8:01 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Fighting back against Sexual Harassment.

You have to decide what your objectives are before it can be determined how to get there. Options may run from wanting to continue working there but to be left alone to do your work, to working out a mutually agreeable separation agreement to sueing them for monetary damages. Each course has its own way to be handled and may be assessed by the evidence you have to prove your claims.

One thing I can tell you to forget about is to get them to acknowledge any wrongdoing. People just don't do that and you can't make them do it, even in court.

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Answered on 4/07/05, 9:12 pm
Deborah Skanadore Reisdorph Skanadore Reisdorph Law Offices

Re: Fighting back against Sexual Harassment.

You are doing the right thing by reporting your concerns to all management. Be sure to communicate with your doctor, or visit a counselor if need be. Sexual harassment can have a very severe emotional impact on you. You need to take care of yourself emotionally and physically. Make notations of things that happen and things that offend you. If the company takes "immediate corrective action", it will protect their liability, but it sounds like they are not taking action. Be sure to document in your journal or other means each time you report your concerns to management. Put the complaint in writing to management if you can. You may also file a complaint with the Department of Fair Employment and Housing and if they fire you, that is unlawful retaliation. Most of all, keep your doctor informed, so that he/she may document your stress in the medical records.

If any questions, feel free to call.

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Answered on 4/12/05, 7:06 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Fighting back against Sexual Harassment.

A complaint with the DFEH must be filed immediately. Get an attorney if you want full compensatin for pain and suffering, lost wages, and more. You also have a worker's compensation claim. Call me directly at (619) 222-3504.

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Answered on 4/08/05, 11:41 am


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