Legal Question in Sexual Harassment in California

Re: Is this sexaual Harassment?

If you were made uncomfortable by his suggestions, it is sexual harassment. If the conduct persists, you may consider reporting him to the HR department. Be advised, however, you may suffer unlawful retalitation. If want to discuss further contact the CA Dept. of Fair Employment. You can also call me at 805/641-6600.

Re: Is this Sexual Harassment?

Thank you for your posted inquiry.

Under one definition given by the EEOC for sexual harassment, sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual�s employment, education, living environment, or participation in a work activity;

submission to or rejection of such conduct by an individual is used as the basis for or a factor in decisions affecting that individual�s employment, education, living environment, or participation in a work activity; or

such conduct has the purpose or effect of unreasonably interfering with an individual�s employment or educational performance or creating an intimidating, hostile, offensive, or abusive environment for that individual�s employment, education, living environment, or participation in a work activity.

In your case, this was a colleague, not a supervisor, so some of the definitions do not meet the definition of "harassment", strictly. You should, however, report to his supervisor the conduct, the fact that you feel uncomfortable about it, and make sure that management, or your supervisors and his supervisors know about the conduct, and your reaction to it. If the management is unwilling to stop it, or fails to protect you, then harassment may have occurred.

I hope that this information helps, but if you have more questions, want more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. Best of luck, and I�m happy to help you in any way that I can.

Re: Is this sexaual Harassment?

Sexual harassment is in the eye of the beholder, you. If you are 'uncomfortable' with the conduct, it is enough. You must put the company on notice of the problem, unless it is obvious to supervisors or management. If you want to merely have him chastized and ordered to desist, file a written complaint with HR or other appropriate manager, and request what corrective action you want. If they fail to correct, if it continues, if they retaliate against you, then you have further grounds for complaint. If you want to discuss taking immediate action, contact me. You could bring legal claims under some circumstances now, rather than waiting.