Legal Question in Sexual Harassment in California
sexual harassment at work
My husband, on the job site was joking around with the guys, when one young guy grab my husband (*) and said suck this and then patted him on the butt. He called the Union Rep and his supervisor too and they found out that is did happen and would keep him from that job crew. Well yesterday the guy was on the crew and it happened again. The guy came up to while my husband was in his truck and pinched him in the chest. He has called the union rep again and left message for supvisor. My husband fells that they didn't do anything about it the first like he was told. He wants to persue it, but not sure the right way with out
hitting the guy next time he sees him. He has missed 3 days of work because of this and feels the company should pay him for it.
Any advise?
2 Answers from Attorneys
Re: sexual harassment at work
I sounds like the only complaint your husband made was to his Union rep. That may not be sufficient to put the employer on notice of the conduct. Generally, an employer must be made aware of an incident of co-worker harassment before they are required to act. If the employer has a policy regarding harassment, it should be followed. It would be advisable for your husband to speak to an employment attorney regarding all of his specific facts. If I can be of assistance, feel free to call.
Re: sexual harassment at work
Have your husband file a complaint against the employer, with the California Dept. of Fair Employment and Housing, for sexual harassment. They can help him get reimbursed for his lost 3 days pay and, maybe, something for his emotional distress. If the company retaliates, have him see an employment lawyer for wrongful termination.
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