Legal Question in Sexual Harassment in California
sexual harassment housing landlord tenant
I have been dealing with ongoing sexual harassment from one of my landlords (the other one is aware of it but does nothing) for three years, had to ''take care of him'' to get into my apt. I worked as an escort and have been arrested in the past for solicitation (1 1/2 yrs ago). Can I sue for sexual harassment despite this?
3 Answers from Attorneys
Re: sexual harassment housing landlord tenant
Yes, you still have the right to be free of sexual harassment. Contact the Department of Fair Employment and Housing and file a complaint against the landlord.
Re: sexual harassment housing landlord tenant
Sure. Like all proposed plaintiffs, you will have to prove your allegations to win a lawsuit, and you need to determine whether the defendant has assets sufficient to pay any judgment or settlement; however, having a house or apt building would clearly qualify there. If you're seriously interested in pursuing this, feel free to contact me to discuss facts, evidence and proceedures.
Re: sexual harassment housing landlord tenant
While your work history may work against you somewhat, you still have a claim for sexual harassment under the Unruh Act in a business setting.
You probably have other claims as well under the landlord-tenant statutes. Even if the initial encounter is characterized as consensual, that does not negate a sexual harassment claim.
We just had a case where the woman had consensual sex on several occasions with a CEO and then was terminated when she refused to put out anymore. She recovered a nice settlement.
We would need more details of what the "harassment" is to give you a better opinion. Oftentimes people believe that certain banter back and forth is harassment or asking for a date. While it could be under certain circumstances, sometimes it is not enough. If there has been physical contact and touching, grabbing, pats on the buttocks, etc., that would not only constitute sexual harassment but sexual battery as well. Either case is a major risk for the other side here because you can recover out of pocket expenses, emotional distress damages, punitive damages and attorney's fees.
If you would like to discuss the details, please contact our office.