Legal Question in Sexual Harassment in California
sexual harassment by co-worker with no supervisor discipline taken
I work in a small office with a total of five employees, we are only one small department in a large company. There are two co-workers who often make sexual banter and jokes which offend me and in recent months they include me and offend me despite my request to stop. One of them often makes sexual suggestions to me and comments on my body or tells me he wants to do things with me. I have told him to stop. It became so bad that I reported it to my supervisor. She said she would deal with it but never acted. I reported it again with a witness. She took no action. I reported it three more times with a witness and still no action has been taken. We have no complaint forms or policy book that I have been given to inform me of what else I can do. Lately I have had to call in sick or request another person to stay late in order to avoid working with the offensive co-workers. I want to quit but can't afford to and want to know what rights and compensation I am entitled to at this point. Can I get unemployment? I only work part-time and my complaints were made verbally, not written, to the same supervisor each time. I am very embarrassed and don't feel I can talk to anyone else about this problem? Should I file a lawsuit?
4 Answers from Attorneys
Re: sexual harassment by co-worker with no supervisor discipline taken
This is what we do. Call to discuss further. Keep log, if not done already. Keep it in your possession and take home with you. Document each complaint you make with super. Don Holben
Re: sexual harassment by co-worker with no supervisor discipline taken
Does the corporation have a human resources director off-site? You should make a written report, and keep a copy. Under law, the corporation would be required to conduct an independent investigation of the events. You also might avail yourself of the California Department of Fair Employment and Housing's complaint and mediation process. Good luck to you.
Re: sexual harassment by co-worker with no supervisor discipline taken
Sexual harassment is illegal, and you can take legal action over this. You need to be able to somehow prove what happened and that the company ignored your complaints -- ?witnesses?
Contact me if interested in pursuing this.
Re: sexual harassment by co-worker with no supervisor discipline taken
Do not suffer the indignity any longer. You are entitled to divil damages. You may also have a workers compensation claim. Call me directly at (619) 222-3504.
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