Legal Question in Sexual Harassment in California

Is this a ''Hostile Environment'' issue?

I am concerned. I was harassed several years ago. I went through all the steps necessary. Still the matter was brushed under the carpet. I have since suffered emotionally because he bragged how he got away with it to others and stated that HE was the victim. This is a big company yet over the years news has got around. I have also been discriminated against...their excuse is that I have an ''attitude''. So while I am getting bad reports and was yelled at by my supervisor, he has gone on to harrass yet more women and a minor as well. I am a wreck because he is still berating me to this day. Does it sound like a hostile work environment case? (I have not spoken yet to the others)I can't take this any more...I wish I could quit but I have too many years and young children to feed.


Asked on 8/27/03, 1:07 am

4 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Is this a ''Hostile Environment'' issue?

Not enough information. I would need details on what you are considering harassment. But, to bring a sex harrassment claim against the employer, you would have to file it with FEHA within one year of the last alleged incident of harassment. EEOC requires a claim to be filed within 180 days, but it is extended to 300 if you file it with FEHA first.

What you describe in the way of talking about you, etc., could be considered hostile environment sex harassment. The bad reviews, etc. could be sex harassment complaint retaliation, which is also prohibited.

In addition, you may have a civil suit against him for slander, libel and the intentional affliction of emotional harm if it has happened in the last couple of years or so.

Please send me a memo with considerable detail and approximate dates and I will try to get you a more complete assessment. My e-mail address is [email protected].

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Answered on 8/29/03, 10:13 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Is this a ''Hostile Environment'' issue?

You have a worker's compensation claim for the current stress. As to the discrimination, what was the last date of discrimination? You may have a cause of action for that as well. Call me directly at (619)222-3504.

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Answered on 8/29/03, 11:30 am
Donald Holben Donald R. Holben & Associates, APC

Re: Is this a ''Hostile Environment'' issue?

Certainly sounds like retaliation and is actionable. Time is critical. Please call to discuss further. 800-685-6950

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Answered on 8/29/03, 12:34 pm
Terry A. Nelson Nelson & Lawless

Re: Is this a ''Hostile Environment'' issue?

Sounds like a real 'retaliation' and 'hostile environment' case that you should pursue. Contact if interested in doing so; these have been my speciality for 15 years.

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Answered on 8/29/03, 1:15 pm


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