Legal Question in Sexual Harassment in California
Filing a case
A couple months ago, I was in a friendship with one of my managers. The relationship went too far, to the point where I went to my head-of-store with my concerns. At the time, I was unsure if it was sexual harassment since I had never told him flat out ''NO don't ever talk to me again.'' My manager and I have never talked about it since. Since then the person who I had problems with has made comments which make me now believe that everything he was doing and saying to me was intentional, which when I first talked to my manager I still felt sorry for him and thought that he was just vulnurable. Since that time I feel that I am treated differently because my managers were very close to my former manager (the one I had problems with) and everyone loved him. I am too uncomfortable to even talk to my manager or district manager about this because I feel I am not treated like everyone else anymore. I've run out of options and I do not know what to do. Is my case legit against my former employee as well as my head of store?
2 Answers from Attorneys
Re: Filing a case
Sexual harassment issues are usually best handled internally before lawyers get involved, especially where you'd like to continue your employment without fear of retaliation. If you have concerns talking with your immediate supervisors or managers, contact the company's HR department. You may even contact the company's senior HR representative. HR often knows about the sensitivity of the issues.
You haven't provided sufficient facts to evaluate either sexual harassment or retaliation for making a sexual harassment complaint. Further, this is not the forum to provide that information; you should make an appointment with an employee rights attorney in your geographic area to go over the details and for specific advice. One final thought, however: at least one California court has held that ostracizing by coworkers, which you are describing, is not actionable harassment or retaliation. Again, an in-depth consultation would be appropriate.
Re: Filing a case
"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."
Sexual harassment cases are very facts sensitive and must be evaluated case-by-case. I recommend that you consult with an attorney so facts of your case can be better evaluated. We will more than happy to examine facts your case.
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