Legal Question in Sexual Harassment in California

I was at my work one morning and my lady boss was talking in her cubical to a regular lady employee behind her cubical.

I was outside the cubical taking to a technican -when my Bossin the cubical said out loud OHH ..that Ups guy that came to my house last night was so hot he almost gave screaming orgasm,oh he was so hot!!

I don't feel that is appropriate in the work area.

I later went up to her and old her I heard this -she denied everything.

I later called that technician and he confirmed it too.

This past year the lady behind the cubical and the tech were both fired...

I feel I am next on the chopping block,,,,what should I do?

Evertime I catch her doing someting wrong or saying something wrong she denies everything.


Asked on 8/22/10, 10:32 am

1 Answer from Attorneys

Robert Worth Robert J. Worth , Professional Law Corporation

Nothing has as yet happened to you as I understand it. You are getting ahead of yourself but you could send an e-mail to HR about your concerns just to protect yourself and keep an record of anything that you believe is an indication that you are being retaliated against by tht lady supervisor in the next cubical. You may have a hostile work environment down the road but so far you have not indicated any actions taken against to you to suggest that you have suffered from retaliation or a hostile work environment. But reporting the comments the supervisor made is nothing more than the appearance of a potential sexual harassment which was not even necessarily directed at you. There is no indication that the supervisor was even saying those comments to you or for your "benefit". Reporting claims of sexual harassment and then are retaliated against for doing so would be the basis of good wrongful termination claim. But, again I do not yet see any evidence of retaliation against you based upon the limited facts you have provided. I hope this helps. Bob

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Answered on 8/27/10, 4:09 pm


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