Legal Question in Sexual Harassment in California
I have a friend who is currently employed by a very respectable and prominent Los Angeles area restaurant and has worked there for several years now without any issues. Recently, while working a banquet, she was groped by a co-worker who grabbed her breasts then threw a drink on her. And he did so in front of guests of the restaurant and other co-workers, as well as a video surviellence camera (which caught the entire episode). She was obviously surprised and extrememly embarassed by the incident. She is also somewhat naive as to what her legal rights are regarding this situation. I told her she needed to contact a lawyer immediately and start a discussion about a possible suit, but she is afraid of repercussions. She doesn't want anything to happen to the bartender (who, if sued, doesn't have any money anyways) and doesn't want to make enemies with her employer. I told her she will not have to worry about any repercussions or even working for a long time possibly (if a suit is settled). My questions are: Can she talk with a lawyer (for free?) about a suit and who might that be? Are there any statues of limitation on sexual harrasment lawsuits (it has been three weeks since the incident)? If she did sue, could they fire her or "blacklist" her? What role does the bartender (who did the actual groping) play in this and will he be sued? If she does have a possible lawsuit (which I really think she does) how much money could be awarded for the incident? Thanks for all your help.
3 Answers from Attorneys
The shortest statute of limitations is one year, but the sooner she acts on the matter the better. She would need to speak to lawyers in her area who handle sexual harassment suits. They will speak with her without charge for about 20-30 minutes; they will tell her how good of a case she has and what she dhould do. Of course the employer might fire her or give her bad working hours; the employer will probably try to be sure the two do not work the same shift. If it has been three weeks wlith everyone seeing it, surely the employer knows and theri failure to aploogize to her and take any action against him does not bode well for her. If she does sue, it would be against the bartender and the owner of the restaurant, perhaps also the manager in charge at that shift.
Good luck.
No, she doesn't need an attorney yet, because she doesn't have grounds for suit yet. If she complains to the employer and they remedy this first and only, one time occurrence with appropriate discipline or discharge of the perpetrator, then they have complied with the law. There is so to speak a 'one free bite' rule protecting the unsuspecting employer. However, if the perpetrator or others have done these things before, and she can show that the employer knows and tolerates such conduct, then there would be grounds for suit. If the employer fails or refuses to take appropriate action, there would then be grounds for suit. Also, if she complains, and then suffers any retaliation, that would be grounds for suit. If any of those grounds for suit occur, have her contact me to discuss her rights and remedies.
She does have a suit against the person who touched her in assault and battery. She may also have a workers compensation claim if she has suffered severe emotional distress. Contact me directly at 619 222-3504 or e-mail me at [email protected].
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