Legal Question in Sexual Harassment in California

Re: victim's responsibility

If the harasser is a supervisor, the employer may be liable even if you do not tell him to stop. Whether or not you have a claim will depend on how aggravated the conduct is. If the conduct is serious enough that any reasonable woman would view it as unacceptable workplace conduct, you do not have to expressly tell the superior that it is unwelcome. If your employer has a policy against harassment, and a procedure for filing complaints, you should follow it. The law prohibits retaliation by your employer for filing complaints, and your failure to complain may be used against you if you do sue. From what little you have written, it sounds like you should consult with an attorney in your area about your situation before deciding what is the best way to proceed.

Re: victim's responsibility

Normally, you do not need to tell the harrasser to stop. However, if your company has a policy regarding sexual harrassment, you may need to follow that policy before you can sue.

You need to document everything that happens ... keep a journal of what is said and done. If your company has a complaint proceedure, follow it immediately.

The employer is required to investigate any reports of sexual harrassment, and they cannot retaliate against you for making the report.

There are some things that might not amount to sexual harrassment, which would still be enough to constitute the creation of a hostile work environment.

Let me know if I can answer any questions for you.

925-924-0100

Re: victim's responsibility

No, if the act is clear enough, such as a rape, otherwise, why not complain. See an attorney, before you decide what action to take. These cases are difficult and are often lost by delay and lack of evidence of the actions. You can call 415-544-0400 and ask for Dennis.