Legal Question in Sexual Harassment in California
Hi,
Recently a male co-worker took advantage of me. I was going through very tough time with my boyfriend, and I needed some male advice. I have known this co-worker for about 1.5 years, and thought he was my friend. When I went to him for an advice, he said "If we give each other what we are not getting it from our partners, our relationships at home will be much better." With that statement I felt he made a verbal sexual advance. At the time I didn't realize it was an advance, however, now I think back it was. I wasn't looking for any sexual fulfillment, but for him he needed sex from me and he was telling me if I want to receive what I need I needed to give him what he needed as well.
Due to this incident, I have lost my job and now realizing I need to find myself back from this tragedy. What type of action do I need to take to legally address this issue.
Thank you,
Christa
2 Answers from Attorneys
You do not indicate how this incident resulted in a los tof your job. If he was a co-worker, he has no ability to fire you. What occurred may be sexual harassment, but it was about something not related to work and was unclear enough that you did not think at the time it was inappropriate. So it would be difficult to prove it was sexual harassment and your damages are very unclear.
You need to go to some attorneys who specialize in sexual harassment cases and see if you have a good case, what is their advice, and would they take your case.
Christa,
You will of course want to discuss the matter with an attorney, but I honestly cannot see how this one comment, standing alone, would constitute actionable sexual harassment, especially as he is a co-worker and not a supervisor. The law requires more.
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