Legal Question in Sexual Harassment in California
Harrassment at work
I recently left a job due to harrassment and a hostile work environment. I filed repeated complaints to my supervisor from March until I terminated my employment in June. The situation was not brought to HR's attention by my supervisor until June. This person made threats, followed me from work, showed up at the grocery store, etc. HR reprimanded me for finally confronting the issue. The final solution was to call a meeting between HR, myself and the individual that's been harrassing me. In the meeting he told the HR manager that he would hate me until the day I was finally dead and also made the comment to me that he knows my every move because he lurks in the shadows. Nothing was done and I finally quit. Since I quit on June 15, 2006, I have had to retain a restraining order because this individual attempted to run me off the road on July 7, 2006. Is there any recourse I can take?
3 Answers from Attorneys
Re: Harrassment at work
Since you have the restraining order, if this person does something similar, you can have him arrested for violating the restraining order, assault, possible battery, etc. You might talk to the police about other possibilities, and might want to contact home security companies. Your employer could have gone to court on your behalf to protect you and obtain its own restraining order.
Re: Harrassment at work
Every employer is required by CA law to maintain a safe workplace. Every employer is also to take steps to prevent discrimination and harassment from occurring. When you complained, they were required to immediately investigate, to separate him from you, and to take steps to ensure your safety. They should never have had a meeting where you were both present in the same room. He should have been fired for threatening you in that meeting. . .
You have a potential claim against the employer for failing to properly investigate your complaint, and for forcing you to quit.
Re: Harrassment at work
Assuming you DON'T mean sexual discrimination and hostility, or other legally prohibited actions, which would provide grounds for suit against the company, then your TRO already gives you protection enforceable by the police - report the violations. You may have grounds for action against the company for failure to provide safe environment; you may be able to file civil suit against the perp. Practical realities need to be discussed with an experienced attorney. Feel free to contact me if interested in pursuing such action.
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