Legal Question in Sexual Harassment in California
Sexual Harrassment
My girlfriend works at a limosine company. One of the drivers walked up to her and lifted her shirt, unwelcomed at work exposing her breasts. When she told one of her co workers, the co worker told her that the same employee had done it to her had she had reported it and nothing happened. Management dropped the ball and never followed up. This co-worker then got angry that it had happened again and went to the owner of the company. Within a couple of days, an HR ''hired gun'' came in and interviewed everyone and ended up terminating the employee and some weeks later the manager who dropped the ball. Since then, the work environment has changed. New managment has been installed and they are making the environment so strict and ridgid that it to me (as a manager myself) appears to be retalitory in nature, as to force all of the girls involved to quit. One manager threatened to fire everyone in the office and ''start over''. My girlfriends mother is dating one of the only managers who is keeping out of the limelight on this, and she is afraid that legal action might harm him or his position since he is dating the mom. Could use some advise.
1 Answer from Attorneys
Re: Sexual Harrassment
Let's make sure what you're asking. It sounds like the company took vigorous action to stop sexual harassment once it learned of it, and fired the perpetrator and manager that did nothing. I hope you're not complaining about that, which is what they were almost compelled to do to avoid being sued. By the way, threatening to fire 'everyone' and start over would likely NOT be discrimination nor retaliation if handled properly and based upon a factual situation where most everyone there is suspected of some kind of improper or negligent behavior. Cross that bridge when that occurs, if ever.
The second victim has a better case than the first, but both have claims they could make against the company.
Also, if the company actually retaliates against the victims and the persons reporting the improper conduct, that would be actionable as well.
In either case, feel free to contact me for the legal help you'll need in bringing such claims and lawsuits.
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