Legal Question in Sexual Harassment in California

Re: Sexual Harassment

The first thing you should do is check your employee handbook, if there is one, to see what procedures they have in place for harassment complaints. It would not be a bad idea to talk to an attorney before making a complaint, so that you can make sure you use the appropriate language and put them on notice of the harassment in such a way that they are required to act. If you suffer retaliation for your complaint, that is just as actionable as the harassment itself. An attorney can also advise you as to whether the conduct you have suffered truly rises to the level of actionable sexual harassment. If you would like more information, please feel free to contact me off line to discuss further. Thanks and good luck to you!

Re: Sexual Harassment

Employers are liable for sexual harassment by coworkers when they are on notice of the harassing conduct, but failed to take corrective action. Accordingly, the very first step any victim should take would be to inform human resources, management, or the owner of the company. In other words, you should complain to someone in a position to do something about the harassment. The employer will then have the opportunity to stop the harassment, and if it is successful, the employer will have fulfilled its obligations under the law.

If the harassment continues after you have complained, or if you are retaliated against because of the complaint, you should promptly make an appointment with an employee rights attorney to have the situation evaluated.

Re: Sexual Harassment

By submitting a complaint to the company through HR or personnel or your manager. If it really is serious sexual harassment, you can consider filing a lawsuit.