Legal Question in Sexual Harassment in California

Re: Sexual Harrasment

Actual sexual harassment is illegal, and provides grounds for legal action against the company that allows it to occur after knowledge of it. So is retaliation illegal.

IF you can prove your allegations through witnesses or other evidence, you need to file a complaint with the Dept of Fair Employment and Housing or the EEOC, and consult with an attorney before doing so, to discuss your rights and remedies and damages. Feel free to contact me if interested in doing this right.

Re: Sexual Harrasment

If "management" members who harassed you are decision-makers for the company, the company is liable for the harassment. If co-workers harassed you, then the person to whom you're supposed to report such harassment must be put on notice. You also should file a harassment and retaliation claim with the CA Department of Fair Employment and Housing. The Dept can do a fact-finding investigation, do a mediation to get things straightened out, make a determination, and/or file suit on your behalf.

Re: Sexual Harrasment

There are not enough facts to evaluate whether the conduct meets the

several tests to establish sexual harassment. If you provide more details, I can comment on that claim. You also mention that you have been discriminated against, but you have not provided any facts for that claim.

Many employees believe what they go through at work may constitutes

discrimination. But to be viable, it has to be based on one of the

protected categories of race, religion, sex, sexual orientation, age, etc.

If you are just singled out because your boss has it in for you, that is

not discrimination unless the boss has it out for you because of one of the protected categories.

As for retaliation, I would like to hear more facts, but if you are the

only one that has had your hours cut from 5 days down to 1, that would be a

good indication of retaliation.

You mention your fear of being hurt but do not indicate what you are basing that on. Was there an actual or implied threat of physical harm? If so, you do NOT need to wait for the employer to terminate you in order to have a good case against the company. In CA, if the person harassing you or retaliating against you is a supervisor, the employer is strictly liable for his or her actions whether they knew about it or not.

As for what they should have done against the harassers, there are many

factors involved to answer that question and I would need more facts to provide an adequate response. Suffice it to say that any action should be taken against them, not you. Often times they transsfer the harassed employee instead of making the harasser leave, usually because he is a supervisor. By doing so, that in and of itself can be considered an act of retaliation. Your working conditions should not change. The corrective action should be against the harassers.

Before you sue, you need to "exhaust your adminstrative remedies." This

means you must go to either the DFEH (CA state agency) or the EEOC (federal

agency) and file a claim. You have two choices there: (1) file a claim

and let them investigate for you (which often takes way too long) or (2)file a claim and request an immediate "right to sue letter." This is like a permission slip allowing you to sue in court. You can proceed with this

on your own or the attorney can handle the filing for you.

All of the above claims are known as FEHA claims (Fair Employment and

Housing Act). These claims are scary for an employer because all four

types of damages are available: (1) economic losses such as lost earnings

and medical expenses; (2) emotional distress damages; (3) punitive damages; and (4) attorney's fees.