Legal Question in Sexual Harassment in California

How much time should employer be given to address a complaint of SH by co-worker

There has been an ongoing problem w/ a co-worker not wanting to cooperate. He continues to do what he has been told several times by the manager and several assistant managers not to do, despite my repeated complaints to management in attempting to put an end to his conduct. He knows he's getting away with it, so he purposely keeps it going. The reason it concerns me so much is because it's making my job much harder, requiring me to lift and place very heavy boxes on shelves that require a latter to reach, because chooses to dump them all over the floor and leave them there, expecting me to do half his work for him. We both receive the same pay. I only weigh 105-107 lbs. I finally wrote my manager a note once again pleading for him to take care of it, suggested if he wants me to continue to do half the other guy's work, he'll need to give me half his paycheck. That same day, I also left my co-worker a note, asking him to cooperate like everyone else, said he is not special. He took offense, retaliated by leaving me two of his own w/ first calling me a moron, and second note, ''suck my dick--name removed--. I showed it to my manager asked him what he was going to do about it. An entire month passed and nothing, so I reported to HR


Asked on 9/17/04, 7:49 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: How much time should employer be given to address a complaint of SH by co-wo

The on-job issues are not something any attorney can effectively help you with unless it becomes a work injury issue for WCAB, except the sexually charged incident -- if repeated, it could be grounds for complaint about hostile environment. A one time incident is typically not. If it is a pattern, contact me to discuss your options.

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Answered on 10/14/04, 3:17 pm


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