Legal Question in Employment Law in California

sexually offensive language

I am a male, and was formerly employed by a bigot who would constantly say derrogatory things to me in front of customers and coworkers alike. He asked me multiple times if my parents knew I was gay, which I am not. He called me a bitch and often worse. When I asked him to stop talking to me like that he went and bought a package of tampons and left them on my toolbox, basically telling me he thinks I am acting like a female by asking not to be treated unfairly or made to work in a hostile environment. In addition to these things that were directed at me I constantly listened to unwelcome racially offensive language which although, I am not a member of a protected class, deeply offended me. I would like to sue this company and it's owner. Can I?


Asked on 8/26/08, 10:00 pm

3 Answers from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: sexually offensive language

Yes, it sounds like you might have a claim against your employer under several theories. You should consult an employment attorney ASAP.

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Answered on 8/31/08, 7:37 pm
Terry A. Nelson Nelson & Lawless

Re: sexually offensive language

'Sexually Hostile Environment' is your claim, among others. You can and should file a claim with the Dept of Fair Employment and Housing, or with the EEOC. That is a prerequisite to filing suit. You should consult with an attorney in that field before doing anything. Feel free to contact me if serious about doing that.

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Answered on 8/29/08, 4:00 pm
Arkady Itkin Law Office of Arkady Itkin

Re: sexually offensive language

Hello, and I am sorry about your experience at work. It sounds like you might have a legitimate claims for sexual harassment hostile work environemnt and inflication of emotional distress at the very least. But I need to know more facts in order to determine that.

Feel free to follow up with me if you would like to discuss this further.

Thanks,

Arkady Itkin

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 8/29/08, 6:00 pm


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