Legal Question in Sexual Harassment in California
Sexual battery/harassment
A co-worker committed sexual battery and harassment against me resulting in a form of rape and pshychotic control over me. He finally left me alone after stalking me for a while. He does not know where I am but I filed a police report. He caused emotional trauma issues as well as physically hurting me and the EEOC is dragging their foot on the investigation. I lost my job over it due to hypertension and anxiety from these issues. I was forced to file a workers compensation case which never supplied my needed treatment or counseling. I've been going to the rape crisis center for help. No one is willing to help me because this man was a doctor. What can I do?
3 Answers from Attorneys
Re: Sexual battery/harassment
You may pursue a civil lawsuit against this individual and you employer for sexual harassment, sexual battery and etc.. You may get a right to sue letter from EEOC to go after your employer directly. You also may pursue your worker's Comensation case as well, because you have work-related injuries. call us directly at 213.388.7070 for a free consultation about your case.
Re: Sexual battery/harassment
You may pursue a civil lawsuit against this individual and you employer for sexual harassment, sexual battery and etc.. You may get a right to sue letter from EEOC to go after your employer directly. You also may pursue your worker's Comensation case as well, because you have work-related injuries. call us directly at 213.388.7070 for a free consultation about your case.
Re: Sexual battery/harassment
Doctor or not, it sounds like he violated you and such conduct constitutes
(1) sexual harassment and (2) sexual battery (depending on what part of your body he touched. What was your job in relation to him? You mentioned "co-worker." Did he have supervisory control over you? If so, both he and the employer are liable for his misconduct. (This might include the doctor/nurse scenario, even if he is not your employer). If he was equal to you (e.g., you are a physician too), then he would be liable but the employer would only be liable if it knew or "should have known" of the sexual harassment and failed to take corrective action. Both the EEOC and the DFEH are government agencies whose resources are scant and as a result, their investigations are minimal and take a long time. If you retain an attorney, you can request a "right to sue letter" which is like a permission slip to take your case to court. When six months pass from your filing date with the EEOC, they will likely issue you a right to sue letter anyway.
Most lawyers that handle this area of law take these cases on contingency.
Our office does so and we are on the EEOC's panel of lawyers that handle these cases. We would be willing to discuss this matter with you to learn all of the details where we could then give you a better opinion of what liability there may be on the part of the physician and the employer.
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