Legal Question in Sexual Harassment in California
Is It Sexual Harassment?
My daughter was fired 2 weeks ago when she refused to have a sexual relationship with her supervisor. For about 6 months, they were friends, although she knew he wanted a romantic relationship. He gave her money and other gifts which she accepted. She told him many times she was not interested in a romantic/sexual relationship. He offered money for sex; she refused. She works through a temp agency, but this job had an excellent chance of becoming perm. Is it harassment when she knew how he felt and accepted his gifts? Does she have recourse?
5 Answers from Attorneys
Re: Is It Sexual Harassment?
Your daughter cannot be fired for refusing to have sex with her supervisor. The issue of the gifts only relates (maybe) to a harassment claim. Contact the Ca. Dept. of Fair Employment or contact an attorney. You can call me @805/641-6600 if want to discuss further.
Re: Is It Sexual Harassment?
Of course she has recourse. What she describes is clearly sexual harassment and retaliatory firing. If she can corroborate her story, it is worth pursuing. Contact me if interested in doing so. This has been my main area of practice for many years.
Re: Is It Sexual Harassment?
Wrongfull termination and sexual harrassment. Punitive damagaes as well as lost wages and general and special damages are available. Call me directly at (619) 222-3504.
Re: Is It Sexual Harassment?
Yes, it is sexual harassment. A demand by a supervisor for a sexual or personal relationship, is unlawful, and firing an employee because of her refusal violates state law. She can file a complaint with the Department of Fair Employment and Housing [DFEH] in your area. Check the government white pages under California for an office near you. Alternatively, she can consult with a lawyer without first going to the DFEH. She may be able to recover damages for emotional distress, humiliation, embarassment, and punitive damages as well.
Re: Is It Sexual Harassment?
from the facts given so far, your daughter appears to have an EXCELLENT case against her supervisor regardless if she accepted gifts from him. if you would like further legal assistance and/or aggressive representation in this matter, please email my office asap with additional information regarding your daughter's case and how you would like to proceed in getting her swift justice in this matter.
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