Legal Question in Sexual Harassment in California

Re: Is this sexual Harrassment

Courts must follow a "reasonable person" standard in determining whether a reasonable person would be offended by conduct that is sexually offensive. In addition, the conduct must be severe and pervasive. It is not possible for me to be able to determine this for you.

If you believe the work atmosphere is so sexually offensive as to interfere with your ability to do your work, you will need to make a formal complaint with the company Human Resource manager or some other high ranking authority and express your concerns. All companies are required to post sexual harassment policies in a conspicuous place. Ask where your company's policy is and follow it.

Once the complaint is made, the employer must investigate your complaint and, if deemed appropriate, take corrective action. It does not have to be the action you want. And you certainly will not be popular will your co-workers. But it is illegal to retaliate against employees who make sexual harassment complaints.

Re: Is this sexual Harrassment

It can create a 'sexually hostile work environment'. If serious, and if not remedied to your satisfaction after complaint is made, then you can consider filing with DFEH and following up with a lawsuit, IF the facts justify it, and you are serious about pursuing it, contact me to discuss the facts and wisdom of filing.