Legal Question in Sexual Harassment in California
Sexually harrassed. No what should she do?
Recently my girlfriend was sexually harassed at work by someone much higher up in the company. They had a joking relationship, but once it turned to a sexual nature, she asked him to stop. He didn't, and after several requests she reported him to HR. He found out that she reported him and he verbally attacked her again. This man is a close friend of the CEO and there have been reported incidents of this kind of behavior in the past. To top it off, some members of mgt. questioned my girlfriend and accused her of making the situation worse by joking around with him in the first place, and expressed disappointment that she reported this to HR. Now, he is badgering upper mgt. with formal complaints about my girlfriend, in attempt to get her in trouble. What can she do? She likes her job, but knows that it will probably become increasingly difficult to work there seeing as everyone seems to be siding against her. She is torn about bringing a case against him because she thinks his actions were appalling, but if she did sue him &/or the company, her employment there would most certainly be over. Ethical issues aside, does she have a case? I'm not sure anyone would be willing to back up her story unless they could be assured anonymity.
2 Answers from Attorneys
Re: Sexually harrassed. No what should she do?
If your girlfriend is disciplined or terminated -- or forced to resign -- in retaliation for making a sexual harrassment complaint, she will indeed have a claim against her employer. How strong that claim will be depends on many factors.
The most important thing that your girlfriend can do now is document document document in order to help safeguard her current employment and also to back up any future legal claims.
If her original complaint to HR was not in writing, she should detail that complaint in writing now, and provide HR with a copy. She should print and keep any emails or other written evidence of communications with HR and/or other management concerning this matter. From now on, every communication regarding the situation should be in writing or followed up in writing.
Your girlfriend should also start a written journal at home, detailing what has occurred thus far and all future incidents. Her journal should keep details of what happenned, where, when, and who was present.
She may also want to consider filing a complaint with the EEOC. This will initiate an investigation and show her employer that she is serious about protecting her rights.
If she would like to consult with an attorney, she should feel free to contact me.
Re: Sexually harrassed. No what should she do?
Sexual harassment is legally actionable, regardless of who the friends are. If it is as bad as it sounds, it could have real value. She will have to be able to prove it happened, but a woman gets the benefit of the doubt most of the time. If the company retaliates, as it seems already to be doing, that is also actionable. She needs to get an attorney immediately. Have her contact me if interested.
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