Legal Question in Sexual Harassment in California
Still on my mind...
I have to ask. I was employed by the largest independently owned supermarket/warehouse company in SCAL. For 2 years, I was harassed verbally and towards the end physically by the store director and a manager below him. During the lunch hour, my body was usually the topic of conversation & compared to sexual icons followed by the sexual noises & gestures. And it was always the managers never the hourly ee�s. Finally completely fed up with it & regardless if I'd loose the job I so desperately needed, I filed a complaint with HR. HR justified the actions as ''you're young, pretty & in a male�s environment, maybe you're misunderstanding.� Hourly employees witnessed the behavior & were willing to back up my claim. This went on for 2 years before I was set up and transferred out with fewer hours. I worked another year then quit! As advised, I kept a 36-page log of all the incidents, yet the one attorney I contacted said I had no case. To this day, I'm bothered by what I endured. I know it�s in the past but did I truly have a case? I would love to know what to advice others if they find themselves in a similar situation.
3 Answers from Attorneys
Re: Still on my mind...
It's unlikely, but not impossible, that you still have a case due to the passage of time and the statute of limitations (the law that bars recovery if a case is not filed in time). I don't know whether the one attorney you consulted has any experience in sexual harassment law. If not, he or she could have missed certain issues. In general it is best to consult another attorney or two if the first one declines the case.
Re: Still on my mind...
Based on the facts as you present them, it appears as if you may have a valid claim.
I do not know why the first attorney told you you had no case, but based solely on the facts as presented, it seems that you may have valid claims for both sexual harassment and unlawful retaliation.
Your post does not mention when you quit, so I cannot determine how long ago the last act of of harassment or discrimination occurred. Therefore, I don't know whether or not your action, or any of them, may be time barred.
Our office handles many sexual harassment cases. Feel free to contuct us for a free initial consultation.
Re: Still on my mind...
Advice? Take timely action. If it has been more than a year, you no longer can bring a case; that's what 'statute of limitations' means.
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