Re: New employer tried to kiss me
In order for there to be sexual harassment, the conduct must be either severe or pervasive. One kiss on the lips is neither. If you take the job and this persists, then it may rise to that level. You should probably tell him that you just want a professional relationship and hopefully that will end it. You may have another cause of action for sexual battery pursuant to Civil Code section 1708.5. That statute provides: (a) A person commits a sexual battery who does any of the following: (1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results. (b) A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages. (c) The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper. (d) For the purposes of this section "intimate part" means the sexual organ, anus, groin, or buttocks of any person, or the breast of a female. ... (f) For purposes of this section "offensive contact" means contact
that offends a reasonable sense of personal dignity. To show a violation of this section, you would have to argue that the lips are a sexual organ, unless he touched you in any other way under the statute. But the real question would be, what are your damages? Besides being offended, are you really damaged here? Probably not. If he fires you or changes your job duties based on what you were originally led to believe when you accepted the job offer, all because you would not accept his sexual advances, that would be unlawful retaliation. Then you would probably have a good case.
