Legal Question in Sexual Harassment in California
Sexual Harassment-hostile environment
I have two questions. First, if I notified my employer of harassment but now cannot prove it, and they claim no knowledge, will that negate my claim?
And if I complain about sexually graphic graffiti about me and another co-worker, and if the boss's only response is to scream at me and demand that I admit to having an affair with this co-worker, does that constitute a hostile work environment?
I was a civilian employee of the Navy and my boss made a quid pro quo request for sex.When I turned him down, the retaliation was fierce. I requested help from the Loss Prevention Manager, who now claims he never did anything. When my boss reprimanded me with an official written warning regarding issues that were false, I requested help from the District Manager, who never responded.
I took another job to get out, but I filed an EEO complaint. My employer's defense is that I never specifically said sexual harassment until after I left, and my response was that I was afraid of being blacklisted and terrified of more harassment and retaliation.
I would appreciate an opinion.
Thank you very much.
2 Answers from Attorneys
Re: Sexual Harassment-hostile environment
Thank you for your posting. You might have a difficult case, for reasons that might be a little lengthy to go into here, but that doesn't mean that the failure to promptly notify negates your claim.
Your question of what constitutes a "hostile" work environment also depends very closely on the facts. The fact that you did not complain at the time doesn't help your case, but I do not want you to think it means that you do not have a case.
It sounds as though you are doing the right thing -- filing an EEOC claim, and notifying the employer of the harassment. Best of luck.
Re: Sexual Harassment-hostile environment
You have a good argument in favor of a finding of hostile environment. Is the grafitti offensive to a reasonable person and is it identifiable as a characature of you? If so you may also have a slander action. You would be well served by obtaining representation. This is a matter for which an experienced hand in legal strategy in needed. Don't try to go through this by yourself, get the results that you deserve.
Sexual harrassment is a very serious tort. You would be entitled to lost wages, general damages (pain and suffering), potentially punitive damages, and, worker's compensation benefits for the stress claim filed simultaneousely with the civil action. Please act quickly in obtaining representation because you must comply with a Government's Tort Claim Notice, don't assume that filing with the EEOC will toll this notice statute. Also the slander action has it's own statute of limitations apart from the EEOC claim. Please contact me directly at (619) 222-3504.
Work harrassment and slander are serious torts.
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