Legal Question in Sexual Harassment in California
Pornography At Work Employer didn't do enough
I recenctly had a co-worker with pornographic images of nude men on their computer. This employee called me to their desk with the implicit purpose of showing the material to myself and another co-worker who was a witness to this situation.
I was upset over this situation and immediatley removed myself away from their desk.
That afternoon I went to my Human Resources department to inform them of the incident. It took 4 days for them to address the issue.
Today I found out that this employee was given a Final written warning (the final step prior to termination) however this person is still working in my group (we are a very close working team of 4 people) and I no longer feel comfortable working with this person.
In addition I know that this person's current boyfriend is an Ex-convict and I am fearful of retaliation outside my employment.
I want to know if there is anything else that can be done legally to remove myself from this hostile environment. This person has already in the past put a note on my co-workers car when we informed our employer of some of the things they were doing wrong (leaving work early, etc)
Thanks in advance for any information you can provide me.
2 Answers from Attorneys
Re: Pornography At Work Employer didn't do enough
Document your legitimate concerns and the facts to HR, request their assistance in preventing problems, and then wait to see IF anything happens. The company is only obligated to investigate and impose appropriate discipline, which it appears they have done with the final warning. Unless this is regularly repeated conduct, they have complied with the law. If it continues, or you can show retaliation by the perpetrator, you might then have grounds for action.
Re: Pornography At Work Employer didn't do enough
You did what you were supposed to by reporting a sexually offensive event to your employer. Your employer did what it was supposed to do by taking corrective action. They are not required to fire the employee. They are required to take steps designed to prevent it from occurring again. Whether the warning was effective still remains to be seen.
If this was a one-time incident, it does not meet the legal definition of being severe and pervasive, to be considered a sexually hostile work atmosphere. Try to continue doing your job, and if you are threatened or subjected to any retaliatory action, report it immediately.
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