Legal Question in Sexual Harassment in California

New owner's inappropriate behavior

I have been working at a place which was just half-sold to a new couple. Within five minutes of meeting the new man, he was rubbing my arms and talking very closely to me, inches from my mouth. The other employee that I was working with also said that she felt uncomfortable with his physical closeness. I asked the original owner to ask the new man to stop touching us. The next day, he apologized, but continued to invade my personal space by leaning in uncomfortably closely when he talked. I told the original owner today that the new owner made me uncomfortable, and gave my two weeks' notice. I was attempting to tell the new owner's wife that I intended to see out the two weeks, when he stood right behind her and stared at me. I told him that I didn't want to talk to him, and he said that he wasn't talking, but continued to stare at me. I told him that I think he's creepy and he was making me uncomfortable, and he told me not to come back tomorrow because he didn't want to deal with that attitude for the next two weeks.

Is this sexual harassment?


Asked on 4/03/08, 4:13 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: New owner's inappropriate behavior

I'm not sure that it was sufficient to constitute sexual harassment, but you were wise to leave and he sounds creepy. Here's hoping you find comparable employment in short order!

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Answered on 4/03/08, 4:21 pm
Terry A. Nelson Nelson & Lawless

Re: New owner's inappropriate behavior

Possibly, depending upon the provable facts. If it is a qualified employer covered by the law, and you have serious, outrageous and repeated offenses over a period of time, and they know of your valid complaints, and they fail to remedy or they retaliate, you could bring a Complaint either at the Dept of Fair Employment and Housing and obtain a right to sue letter, or may bring it directly in court. Practical factors to consider are whether the conduct is so outrageous and continuous as to convince a jury to award any substantial recovery, whether the company has assets and income sufficient to pay any substantial recovery, etc.

Generally, this cases are best handled by at least attempting a negotiated settlement before bringing suit. Feel free to contact me if serious about pursuing this claim.

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Answered on 4/03/08, 5:45 pm


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