Legal Question in Sexual Harassment in California

Harassment

My co worker cussed me out in front of--name removed--customer in the presence of the manager whom is her best friend what can i do? she made me feel stressed and belittled, and the manager only told her she cant do that again; when they went to go have lunch. what can I do?

i felt so distressed and belittled by this incident i had to leave work early i feel that she created--name removed--hostile work environment and my manager is not going to do anything about it

what are the legal steps i can take?


Asked on 11/02/07, 11:08 am

1 Answer from Attorneys

Re: Harassment

I can see two possible causes of action:

First, intentional infliction of emotional distress. This might be filed against the individual who did the harassing. However, the offensive acts must have been quite extreme and outrageous.

Second might be a case of employment discrimination. Problems with this scenario: (1) the harasser must have been motivated by your race, religion, color, gender, sexual orientation, age (for and older), disability or national origin; (2) the acts must have been so offensive or intimidating or egregious as to create a "hostile work environment" -- measured by an objective, rather than a subjective standard; and (3) your employer must have failed to take immediate, effective, corrective action. As you describe, there does not appear to have been a "protected basis" (i.e., you did not suggest that you were treated this way because the harasser did not like your race, gender, religion, etc.); and it looks like your employer, the supervisor, may have taken sufficient corrective action. Corrective action does not always require firing or any particular form of discipline. It's very fact-sensitive.

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Answered on 11/02/07, 1:29 pm


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