Legal Question in Sexual Harassment in California

Teenage daughter being sexually harassed at work

My daughter who is 17 and works at a fast food restaurant told my wife and I that an older guy who is in his 40's has been making sexually suggestive comments to her, over the last few months. He has also motioned with his hand and tongue popping out of his cheek what he wants my daughter to perform on him. I went to her job and spoke to the manager. He mentioned that he was new at this sexual harassment stuff and that he would contact his boss, which he did. I met with both the manager of the restaurant and his boss. The big boss mentioned that her story could not be corroborated because there were no witnesses. I mentioned to the two of them, why would my daughter make this up? They have to protect all of their employees in a case like this I was told. I was pretty upset that my daughter has to go through this ordeal. She is seventeen, a good student and should be having some of the best times of her life. I don't feel as if I am satisfied with their answer. I was wondering if I have grounds for a law suit or what recourse do I have?


Asked on 11/16/06, 11:33 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Teenage daughter being sexually harassed at work

She can sue, but proof is the issue. Does she have ANY other evidence to corroborate her story, like complaining to other poeple at any time about the behavior, making notes, sending emails, etc, etc,

Feel free to contact me to discuss her rights and remedies, regardless. This has been my specialty area for 20 yr.

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Answered on 1/03/07, 2:53 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Teenage daughter being sexually harassed at work

You don't mention who this older guy is, and that makes a great deal of difference with what can be done. If he is a manager, the employer may be strictly liable to your daughter for sexual harassment that can be proven. If he is a co-worker or a customer, the employer is not liable unless that are aware of what is going on and fail to take corrective action.

Now that you have complained, they are obligated to investigate and remedy the situation to ensure it does not continue. That does not mean they must do what you want them to do, such as fire the guy. But whatever they do must be effective to prevent future harassment, or they could then be liable.

You ask if you would have grounds for a lawsuit. You do not, personally, but since your daughter is a minor, she would need a guardian to sue on her behalf, if there were grounds. Based on the limited information available it is not possible to state whether there are any.

You and your daughter should meet with an experienced employment law attorney in your area to review the case in detail. The statute of limitations to file a claim is one year, under California law.

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Answered on 1/02/07, 4:09 pm


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