Legal Question in Sexual Harassment in California
My sister has been terrorized and harassed by another employee for years. She has brought it up to the supervisors within her Department and nothing has been done. Her union told her that they can only help if it is a complaint against a supervisor so nothing was done there. she has taken it to the Personnel Department, Equal Employment Investigations Office which she was told they are not going to do anything and for her to move to another department. When she asked to be moved she was told that the only position for her was less pay and no benefits. The head supervisor had taken her into the office and questioned her about actions that she was already reprimanded for over the summer and then after a meeting gives her a document stating that she was entitled to representation during the meeting.
She is having people do hourly radio check with her afraid that this employee is going to harm her. He has made threats about poisoning people's food and if he loses his job it's all over for people while he is looking directly at her. I advised her to get a restraining order but she is afraid if she does this the other employee will follow through with his threats.
When she leaves her home or goes outside she is looking for his vehicle. She has been employed with the City of San Diego for 23 years and should not have to lose her pay and benefits because of this person and the fact that nobody is willing to do anything. What can she do?
3 Answers from Attorneys
Because the stress and threats are work-related, he may have a valid claim for worker's compensation benefits including temporary disability since he can't go back to work in such condition. Feel free to call us at 213.388.7070 for a free consultation.
I correct my answer from he to she. Sorry about the error.
I believe that she might have both a claim for worker's comp and sexual harassment claim. However, it is true that a sexual harassment claim is much stronger if a manager, or higher up is involved, but if management has notice of ongoing harassment by a co-worker, and nothing is done, then effectively, the employer might be on the hook. I would need more facts.
Please call me at 1.877.505.INJURY.
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