Legal Question in Sexual Harassment in California

Worker's Comp, EEOC, DFEH remedies

I've been on short term disability for depression since I reported my supv for unzipping his pants and partially exposing himself. It took me 1.5 months to tell HR because I've worked with this individual for over 10yrs and considered him a friend. He's made sexual comments in the past but I just dismissed them. This however was frighten and has affected me deeply. The dept HR substantiated the claim. My S-T disability has expired but I just can't return to that environment. My dept's remedy was to assign me to another section mgr within the same division. I've filed a WC claim which the dept has denied because their Dr. said there was no psych trauma. Should I file with EEOC? Can I also file with DFEH? I'm still within the 300day & 1yr period respectively.


Asked on 2/23/02, 7:05 pm

2 Answers from Attorneys
John Ferry Law Offices of John C. Ferry

Re: Worker's Comp, EEOC, DFEH remedies

You must continue to document your feelings and grievances with HR. You should also go ahead and file with DFEH (quicker and for disability discrimination claims, better than EEOC). This is required before you can file a civil suit and should prompt the Company into action.

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Answered on 2/25/02, 3:13 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Worker's Comp, EEOC, DFEH remedies

What has the company done about the individual? Moving you to another department manager with this other guy still around is not conducive to a friendly working environment.

Does the company have a policy regarding sexual harrassment, which details how you file a complaint and what they are to do? If so, have they done what they are supposed to do?

Go ahead and file with both agencies. Don't count on a lot of results from the agencies, though.

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Answered on 2/25/02, 3:39 pm


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