Legal Question in Sexual Harassment in California
Unfair
My employer had been informed numerous times that two employees were dating and their interaction with one another had become very inappropriate to other employees which was making them uncomfortable. The couple would massage each others shoulders and backs at work, he'd kiss her on the forehead/top of her head, frequent hugging and embracing, sexual innuendos in their conversation. It had escalated to the point that I witnessed him pinch her on her buttocks. Management did nothing about the couple but suspended me for violating a company policy. Even though she welcomed his behavior but we were all offended by it does it constitute harrassment?
3 Answers from Attorneys
Re: Unfair
In the behavior of the two, you just described 'sexually hostile environment', which is an aspect of the sexual harassment laws. If the company is warned it offends, they are obligated to investigate and take appropriate corrective action. If they don't, you have a basis for legal action. By waiting til you were disciplined for unrelated matters, you will also have to overcome the implication that you are only doing it out of spite, but the prior complaints should make that manageable. If you are interested in discussing the facts, call. 714-960-7584
Re: Unfair
The type of harassment in question is known as "hostile work environment" which is measured by the frequency and severity of the offensive conduct. There is no bright line test. You describe the behavior as "frequent". The courts will treat even mildly offensive behavior as "hostile" if it is sufficiently frequent. One test is whether a reasonable employee witnessing the behavior would find it more difficult to perform his or her regular work duties. Your employer will not be liable however unless it knows about the misconduct, and fails to take prompt corrective action. Therefore, you and your co-employees should bring the matter to the attention of human resources or other upper management. If your company has a "harassment reporting policy" of some sort, follow it. If the conduct continues without employer intervention to stop it, then there may be cause for damages. As a practical matter, there is strength in numbers (and less chance of retaliation), and so you may want to bring the complaint as a group.
Re: Unfair
-You have described a 'hostile enviroment' sexual harassment case. Further, you cannot be disciplined or retaliated against for complaining about such an enviroment.
-As a practical matter, until you suffer a substantial adverse employment action, i.e. cut in pay, termination, there probably is not enough to file suit. If this retaliation and/or enviroment continues, please feel free to contact me at 805/641-6600.
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