Legal Question in Sexual Harassment in California
can a gay man sexually harass a woman?
I work at a school and I feel as though I was sexually harassed by a students parent. He continued to ask me to be his girlfriend, spoke of sexual things and would not stop when i said it wasn't appropriate to be discussing that around children. he also would not move away from me when asked to. the principal of my school had a meeting with him and he is claiming he is gay. but 4 other adults in my classroom heard and saw what was happening. the principal is letting the matter drop and i am outraged. i do not want that man near me. what legal rights do i have? i am a straight woman and this man is claiming to be gay. but even if he is gay, i think the things said qualify as sexual harassment. i do not feel comfortable in the work place any longer because he visits our room at least once a week to see his son.
2 Answers from Attorneys
Re: can a gay man sexually harass a woman?
You can ask the school protect you by them telling him to leave you alone. They are not responsible for discrimination or harassment by him as they would be if he were an employee. You could seek a restraining order in civil court.
Re: can a gay man sexually harass a woman?
The short answer to your question is: "yes." Anyone can sexually harass anyone else.
Your employer is obligated both not to engage in sexual harassment against you, but also to ensure a harassment-free workplace. This includes protecting you from harassment by third parties, such as customers. Like this guy.
So if the school has been put on notice, they must take immediate corrective and effective action to make it stop.
You can file a charge with the EEOC (federal agency) or the DFEH (state agency). You'll need to decide which one (can't do both).
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