Legal Question in Sexual Harassment in California

Re: Working for Large company that does not enforce their sexual harassement pol

Continued comments of a sexual nature coupled with repeated touching will form the basis of a claim of sexual harassment. If the co-worker is not a supervisor as that term is defined by law, the employer's obligation is to remedy the harassment when it becomes aware of the harassment. If he is a supervisor, then the employer is strictly liable for the conduct of its supervisors. When notified of conduct that is potentially harassment, the employer MUST conduct a fair and reasonable investivation, reach a conclusion and take action to remedy the conduct if harassment is found. In light of the long period of time in which the harassment has continued after a complaint, you may want to talk to an experianced employment attorney. If your intent is to stop the conduct and continue working at the company a different stratagy will be used than if your intent is to sue and quit.

Re: Working for Large company that does not enforce their sexual harassement pol

There are two fundamental questions in cases of "hostile working environment" sexual harassment where the employee/victim has not suffered tangible economic harm, i.e., loss of job benefits: 1) the frequency and severity of the harassment and 2) has the employer been put on notice of the supervisor's misconduct and failed to take prompt and adequate remedial action. See Harris v. Forklift and Ellerth v. Burlington Industries. (U.S. Supreme Ct. cases)

In your case, I would want to know how this behavior has effected your ability to do your work, and how often the behavior has occured. It certainly helps your case that you notified management, and that the Company apparently has not responded as required by law. The result is that if there is sexual harassment in your case, the company itself will be liable for the acts of the supervisor.

Given that harassment is often an accumulation of relatively small irritations over long periods of time, I suggest you log the events by date and description, and be prepared to have the log subpoened by the company if litigation results.