Legal Question in Sexual Harassment in California

Sexual Harrassment in the Workplace

A male truck driver from my company approaches me in private in the workplace, walks right up on me, and makes comments such as ''How much do you weigh?'', ''Can I pick you up?'', ''I wish my wife was built like you; she's big-boned'', ''Can I hug you before I get fired'', and other intimidating and uncomfortable remarks. My workplace does not provide a safe forum for lodging complaints as anyone who does so is labeled a trouble maker or has been terminated. My boss is carrying on an extramarital affair from work (not w/employee) and when I confronted him on this issue as his wife was calling me and asking me questions pertaining to this affair, things have not been the same. At one point, he stated he was having problems with his wife and if she showed up at the workplace or wanted in his office, ''I'' was to call the police. Myself and a since-terminated employee knew about the affair and have documentation and have shared knowledge. I am on a worker's comp. stress leave and don't feel it's safe to return. What can I do? Please help ASAP! There is so much more going on their that makes this environment unsafe.


Asked on 9/22/02, 3:04 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Sexual Harrassment in the Workplace

For starters, you have described illegal sexual harassment in the workplace, which is the grounds for a suit. You filed a WCAB action, probably claiming some of the same issues as the cause of stress. That creates problems, but they can be managed. Call if interested in discusssing suit. 714-960-7584

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Answered on 9/24/02, 9:04 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Sexual Harrassment in the Workplace

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 contact me directly at (619) 222-3504.

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Answered on 9/26/02, 11:54 am
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Sexual Harrassment in the Workplace

I believe that the circumstances you describe have created an hostile work environment and that you do not have to return to the job, but can sue your employer for constructive termination, and recover your damages, i.e. emotional distress, lost wages, until re-employed, legal expenses, etc. You must first seek a "right to sue" letter from the Fair Employment and Housing Commission. Then you can sue.

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Answered on 9/25/02, 10:19 am


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