Legal Question in Sexual Harassment in California
statute of limitations
About a year ago I left my previous employer due to a highly unprofessional environment where the sales manager would multiple times a week make comments regarding things such as ''your son will be in jain fucked in the ass by bubba''. After about 6 months of this constantly, I complained to my boss, and the problem went away for a short time after that. It then returned, and I eventually left the company. I was willing to let it pass until today when I was turned down for annother position based on me being honest and saying that I had a conflict with the previous sales manager and left due to the unprofessional environment. Since this has happened, I would like to pursue some legal actions against the harrasser and my previous company. Is this possable?
2 Answers from Attorneys
Re: statute of limitations
You must file your claim with the Department of Fair Employment and Housing within one year of the discriminatory act. Since you quit, you must establish that the conditions were so pervasive that quitting was your only alternative.
Re: statute of limitations
'Unprofessional' and other personally offensive conduct is not necessarily 'illegal'. If it was, a large portion of the population would be in jail, or dead. Unless the conduct violated the discrimination and harassment laws, such as being based on race, age, sex, religion, etc., it is simply a symptom of our modern liberal society, filled with ignorance, vulgarity, and other behavior that would not have been tolerated in earlier times.
IF it actually was such illegal discrimination, and it might be on the issue of sexually offensive language creating a hostile work environment, you have no more than one year from the last 'incident' to file a formal complaint with the Dept of Fair Employment and Housing, only ten months with the EEOC. Feel free to contact me if you want legal help in pursuing your claim, if it is timely.
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