Legal Question in Sexual Harassment in California
Past Sexual Harasser is Now My Manager
Several years ago I complained to the president of my company that a co worker, among other slander, was creating a hostile work environment for me by openly discussing my sex life, speculating on my genitals and claiming that I used prostitutes. He advised me to meet with her to resolve the problem. Soon after that I transferred from that office in Massachusetts to work from home in California. Recently this co-worker became the manager of my department and very quickly started nit picking my job performance and threatened me with disciplinary action for performing the same sort of tasks I have for the last eight years. I have never had a performance evaluation that was not 'excellent'.
My questions are: Can her current actions be considered sexual harassment even though I have only one snide comment from her within the last year? Does the president�s lack of response to my earlier problems constitute a violation of the Fair Employment and Housing Act of California because he knew of these problems and did nothing about them? Does this act apply to me because I am a resident of California but the company is in another state?
TIA
1 Answer from Attorneys
Re: Past Sexual Harasser is Now My Manager
Conduct more than a year old is no longer grounds for suit, but if now that she has some control over you, she retaliates for the earlier complaints, you may be able to pursue a retaliation claim. You working in CA means the conduct is here, and suit would be here. Contact me if interested in pursuing your claim.
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