Sexual Harassment in the Workplace

Answer:

Yesterday, I received a phone call from a client about conduct that was happening at work from a supervisor. The supervisor had made comments about the fact that she looked good in what she was wearing and that his wife wouldn’t look as good as what this client looked like in her outfit. The comments made her feel uncomfortable and were unwanted. This client said that she was just there to work, and that’s all that she ever wanted to do, and that she felt that it was inappropriate. Sometimes, as an attorney, I have to have tough conversations with employees as to whether or not conduct like that is unlawful.

Under California law, much like federal law, the court is going to say that before somebody can bring a lawsuit for a hostile work environment, they have to show that it was severe and/or pervasive. Sometimes courts will say that limited comments don’t rise to the level of severe and pervasive, so sometimes it’s difficult as to whether or not one or two comments is enough to protect an employee. It’s important to note that while you might not meet the definition of a hostile work environment, that if you do complain about that conduct to Human Resources or to another manager. You must also complain to the manager that made the comments themselves, so that you’re protected. While you might not ever meet that definition of a hostile work environment, because the comments were inappropriate and arguably sexual in nature, you should be able to make those complaints without fear of retaliation. If you are retaliated against after complaining about conduct that was sexual in nature, racist in nature, or comments regarding your disability, the employer can’t retaliate against you. If they do, they will be liable for any damage that would cause. A lot of times people call us about just general advice, or they’ll contact a law firm about general advice as to if this is sexual harassment, and, even if not, what’s my next step? How can I get it to stop? I don’t want to have a claim. I just want to work. If you have questions as to whether or not you’ve been subjected to harassment at work, or what the next step should be, or if you’ve already taken the next step. As a result, you’ve been retaliated against, I would encourage you to talk to a law firm. You’re more than welcome to give us a call here at the firm, and I’m happy to walk you through any questions that you may have on this issue or any other issue. Thank you.