Legal Question in Sexual Harassment in California
Violated
A few weeks ago the owner of the restaurant for which I work for ask me to sit down and talk to him. He said he owed me a beer since I just turned 21. So I felt obligated to sit there with him. He was a little bit drunk and he started to speak to me in a very vulgar manner. I kept telling him I had to leave and he told me no, no stay. He was disgusting. Asking me if I would have sex with an older man and showing me (with his hands)how to give a blow job and so on. Then a couple of days ago another girl told me that he had done the same and the manager even heard.
He had told her "how would you like me to do you in the a**." He is a wealthy and respected man which owns many businesses and we are young moms who feel as though we have no power. Even though I would like to quit I can not afford to and neither can she. Even though he has not said anything since that day, both she and I feel very awkward around him. Please help. We are confused on what to do. Should we tell someone (keep in mind he owns the business) and if so, WHO?
1 Answer from Attorneys
Re: Violated
You should communicate to your boss that you do not want him to communicate with you in this way. If he does not stop or disciplines or fires you, you may have a claim for quid pro quo sexual harassment. If so, you have one year from the date of the harassment to file a claim with the California Department of Fair Employment and Housing and/or federal Equal Employment Opportunities Commission. They will investigate if you desire, and issue a right-to-sue letter, and then you must file suit within a certain period after the date of the letter. If you would like additional information and if you live in the San Joaquin Valley or Bay Area, you may email directly at [email protected] or call me at (559) 221-7777.