Legal Question in Sexual Harassment in California

Re: Using profanity directed towards the opposite sex in a meeting

Hello!

1. You have described a "hostile work environment" as is outlawed under Title VII of ERISA, which is a federal law that in part governs your claim(s). To the extent that you have been personally affected (uncomfortable) by the antics of the employer, you may have an actionable claim.

3. You have to FIRST make a claim through the DFEH (State agency) or the EEOC (Federal agency) and when the claim is made, then obtain a so-called "will sue" or "right to sue" letter from the agency. THEN you can bring an action.

4. Assuming that you can obtain others statements (witnesses) and otherwise document the environmental deficiencies as described, then your lawyer needs to consider with you what your individual damages are. How have you been affected, have you made oral notification to HR for a change in environment, etc.

You clearly may have a case, it is a matter of degree. Each case has two main components, liability/fault AND damages or how much is it worth. A case with great liability and modest damages is not a great case, etc.

You may correspond with me again if you like.

Regards,

Mark Geyer

Re: Using profanity directed towards the opposite sex in a meeting

The woman involved would have a case of her own. If you have corroboration and evidence of a sexually hostile environment that affects you directly, and that you have reasonably complained without it being corrected, then you may have grounds for action if you can show you have suffered legally recognizable damages. If you were a female, the case might have some legitimate value under the discrimination laws; as a male, not much sympathy will be afforded you. If you think you have a case with damages, feel free to contact me to discuss.