Legal Question in Sexual Harassment in California

Harassment & Sexual Harasment @ Work

Hi,

I have a coworker who did the following and I would like to know if I have a case against her or my company.

She placed a note on my co-workers car that had a threatening tone to it. My co-worker then gave the note to her supervisor and asked that something be done. Then later this person brought my co-worker and myself to her desk to show us an email that contained pornographic material. This second incident was also reported however this time directly to human resources.

She was given a final warning for the email issue however I later found out the company did nothing about the note and now the note has mysteriously disappeared. We did manage to secure the notebook which the note was ripped from to compare the tear-marks but now the note that was handed to our supervisor has disappeared.

They did nothing about the note and allowed things to escalate to the point that a second incident occured.

Do I have any rights regarding this matter towards my company since my supervisor knew something was going on but took absolutely no action and mysteriously lost this threatening note that was placed on my co-workers car?

Thank you


Asked on 4/28/04, 5:21 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Harassment & Sexual Harasment @ Work

One hopes that this co-worker does not continue this conduct. The company should initiate a prompt investigation of the allegations and take appropriate steps to ensure that (if it finds harassment) it does not happen again.

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Answered on 4/28/04, 10:04 pm
Terry A. Nelson Nelson & Lawless

Re: Harassment & Sexual Harasment @ Work

If you were subjected to porn and sexual harassment, the company is obligated to remedy. If they don't, you might have a claim. Your coworker has the same, plus the issue of the threatening note.

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Answered on 4/28/04, 8:50 pm


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