Legal Question in Sexual Harassment in California

Hello.

This is an unfortunate situation. First, you should complain to the HR manager in writing about what's going on and request a meeting to discuss how this can be addressed, since it doesn't look like this kind of conduct will stop by itself, and then depending on the employer's response - act accordingly.

Thanks, and feel free to follow up.

Arkady Itkin

Attorney at Law

Employment / Injury / Business Litigation

Now that your employer knows about the comment made by a co-worker, they have an affirmative duty to take immediate corrective action. Such action could be anything from a stern reprimand to termination, as long as the action is effective in preventing further harassment. From this point forward, the employer is responsible for the co-worker's actions.

Start keeping a journal of events that transpire, including dates, names of witnesses, what was said, copies of non-proprietary documents, etc. If it appears the statements or hostility continues or there is some form of retaliatory conduct, seek the assistance of an employment law attorney to help you address the problem and explore your legal options.

Proof of such comment established a violation of the discrimination laws. If the employer reasonably disciplines and/or otherwise remedies the 'one time' situation, then they have complied with the law. If not, or if the conduct recurs or continues, you would have the basis for a claim and case. In which case, feel free to contact me, I've been doing these cases for over 20 years.