Legal Question in Sexual Harassment in California

Re: Gas station

That's a classic definition of sexual harassment. Feel free to contact me if you are serious about pursuing your rights.

Re: Gas station

For conduct to constitute sexual harassment, it must be of a sexual nature and either (a) severe or (b) pervasive. The conduct you describe is clearly of a sexual nature so tht element is satisfied. Actual touching and attempted kissing may be considered "severe." That would probably qualify. Your post does not indicate for how long this has been going on. If it has only happened a few times, it probably is not pervasive. But you only need one or the other. Since he is a co-worker and not a supervisor, the employer is not automatically liable for the sexual harassment. The employee harassing you IS liable for harassment though. For your employer to be liable, the test is whether they "knew or should have known" and failed to take corrective action. After you reported it did the harasser continue harassing you? If so, the employer would then be liable. I am guessing that all of this would be he said-she said as far as proof goes, or do you have witnesses? If you want this to stop you can do a few things: (1) put it in writing that the co-worker is violating the sexual harassment laws and detail the things he has been doing to you. (2) you can report this conduct to the state or federal agency that governs sexual harassment and discrimination cases. In CA, go to the Department of Fair Employment and Housing and file a complaint. You can also file with the EEOC, but in CA the DFEH is the preferred government agency. If the employer retaliates against you in any way for filing with the agency (eg., demotes you, cuts your hours, or fires you) then you would have a retaliation claim. If you want these options explained to you in more detail, please contact our office.

Re: Gas station

Sex harassment includes (inter alia) unwelcome attention of a sexual or amorous nature. The harassment has to rise to the level of creating a "hostile working environment." In order to do this, the harassment must be sufficiently severe or pervasive. If your coworker's inappropriate actions, along with your employer's failure to protect you, is making you feel generally uncomfortable at work, you could certainly make a claim for illegal sex harassment. To bring suit, you must file with either the California DFEH, or the federal EEOC. If you file with the DFEH, you must file the charge with the DFEH within 1 year of the harassment. If you file with the EEOC, you must do so within 300 days.

Many would say that filing with the EEOC has a number of advantages in sex harassment claims. Call 800 information for the EEOC. Or contact an attorney. (Keep in mind, though, that if you have an atty represent you during the EEOC/DFEH process, they keep 30-40% without doing much... it may be to your advantage to file with the agency, let that run its course, and if it settles in that forum, great, and you keep all the $. If it does not settle in that forum, and you are sent away with the right to sue, then bring that to an atty. to bring the case to court.)