Legal Question in Sexual Harassment in California

Re: Workers rights

I have a slightly different take on your situation. While I agree that the one incident does not amount to sexual harassment under the law, if your job requires you to come into contact with people that make sexually offensive comments to you, you should report the incident to your employer, which you did. Employers have a duty to provide a work environment that is free of sexually hostile or offensive comments. This includes dealing with customers.

However, the hostile environment must be severe and pervasive. One incident isn't enough. Pay close attention to company policy regarding sexual harassment and follow it. Tell the customer you didn't appreciate his comments and ask him to refrain from making them in the future. If it continues, make sure your employer knows about it. It is illegal for them to retaliate for making such a report.

Above all, be diplomatic and professional on how you handle the situation.

Re: Workers rights

Thanks for your posting.

Sexual harassment is defined to include:

a sexual solicitation or advance made by a person in a position to grant or withhold a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or

retaliation or a threat of retaliation for the rejection of a sexual solicitation or advance by a person in a position to confer or withhold a benefit or advancement to the person.

In your case, you do not have an employer either harassing or creating a hostile work environment.

You do have the right, however, to complain to the offending person's employer, supervisor, and you should, in writing.

If your supervisor prevents you from complaining, then you may have a different situation.

Good luck and please call or email with any questions,

Robert

Re: Workers rights

What do you consider to be sexual harrassment? Being asked for a girlfriend's phone number? Being told that the man is horny? These may be unwanted comments, but hardly sexual harrassment. In addition, the man works for another company. Unless your company knows of actual sexual harrassing behavior, they probably have no duty to take any action with regard to a customers employee. Whether you can say something to higher than supervisor management depends on your company's employee guidelines. Check them out!