Legal Question in Sexual Harassment in California
Pornographic -type television watching by employees at work
I recently (6/24)went to another work location, away from my prime work area, and obtained coffee in a general use, company run, cafeteria occupied by a majority of labor-union employees. They had changed the television to the Jerry Springer Show in which a stripper/dancer with ''size 53'' was dancing and placing men's faces between her breasts, on the show. I mentioned my discomfort to a co-worker who was there (female) who also could not believe what was being watched and that I felt that this was possible grounds for sexual harassement. She agreed.
I was surprised to see both male and female employees watching this show, taking a brak or eating food, and were not taking action to change the channel. I believe that this is the result of the poor quality of management and attitudes that prevail. I work for a public service organization in Los Angeles County that employees at least 10,000 and feel that this type of activity will continue unless some type of action is taken. I was very offended by this. I am also concerned that by filing any internal paperwork that there will be further retribution to my career. Can I take legal action that will result in a settlement for me and cause a change within the organization?
1 Answer from Attorneys
Re: Pornographic -type television watching by employees at work
Under these circumstances, you would have to find out what the company policy is regarding sexual harassment and follow the policy in making a complaint. If management is not involved here, you need to bring it to the attention of the company to give them an opportunity to correct the offensive behavior.
Sexual harassment must be severe and pervasive to be actionable. A one time incident, or even an occasional incident, if not sufficiently severe, may not be enough to sue the company for sexual harassment, especially if you have not suffered adverse treatment on the job.
Many times, how the company responds to these complaints is what gets them in even more trouble than the initial incident. Start keeping a diary of events, including names of witnesses, what is said and done and how you feel about it. I don't think you have a case now, but you may later, if you follow company policy and ask them to take corrective action to stop the offensive conduct.
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