Legal Question in Sexual Harassment in California
Am i being sexually harrased
i work at a grocery store and around two weeks ago my co-workers have started teasing me about being gay since a new (male)employee started working there. One co-worker told others and now he teases me by saying ''now the whole store knows.'' I cant go anywhere in the store without someone teasing me about it. the person in charge of my department has seen my other co-workers teasing me and has done nothing but join in. am I being sexually harrased, if so what actions can i take?
3 Answers from Attorneys
Re: Am i being sexually harrased
You might tell your supervisor in a private conversation that such teasing is unwanted and makes the work environment very unpleasant or hostile. Keep notes at home about what action you have taken. If that doesn't help, then go to the store manager. It is unlawful sexual harassment and/or sexual orientation harassment (even if you're not gay, but are perceived to be). Good luck.
Re: Am i being sexually harrased
If you have complained to mgmt and they've done nothing about this, or since they have constructive notice through the manager, yes, you have an actionable claim for sexually hostile environment. Feel free to contact me if serious about pursuing this. I've been doing these for over 30 years.
Re: Am i being sexually harrased
Yes, technically you are being sexually harassed based on your orientation.
Every major grocery store chain that we have sued has a sexual harassment policy. In fact, all businesses with 2 or more employees are required to have one. Find the policy. Sometimes it is posted on the employee bulletin board. You may have to ask for a copy. Then do exactly what is says to report the harassment/discrimination. If there is harassment BY a supervisor, the employer is automatically liable. If it is by co-workers, the employer is only liable if it knew or should have know of the harassment and failed to take corrective steps. Since your supervisor has seen this and has done nothing, arguably you have a claim. When you report it, do so in writing and mention that he has seen this and done nothing. Make sure it is in writing. Verbal reporting will get you no where. If they take any adverse action against you, it may be retaliation, which is another violation of the law. You should encourage sexual harassment training which the employer is required to do anyway if they have a certain # of employees, which a grocery store undoubtedly does. If they do not take corrective action or they retaliation in any way, give us a call.
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