Legal Question in Discrimination Law in California

Suit against Work for Discrimination!

I recently was fired from work, from a Large well known dept store. I was there for one year. While there i was lied to by the manager i worked with and she manipulated me into telling her personal things about myself and sexuality, That i was Transgender. She tricked me into telling her, asking lots of questions and saying i could trust her almost BATING me!.Then She told the Entire store. I know because good people that work there who Didnt know, told me SHE told them. And also would openly discuss me to anyone and everyone!for fun. Since i got the news that everyone knew, everyday i went to work was anxiety ridden, panic attacks, overstressed, afriad, and i had to work with her everyday, Not to mention she ONLY got a slap on the wrist after i took her into HR!. I learned she had mental disorders and did this to another girl in my situation that worked there before. And again only slap on the wrist then. HR told me she was talked to and thats it!.Many times she would tell me dirty/disgusting things about herself in front of customers, and also alone. This snake would tell me who she wanted to get fired and if id help!? all of this was reported to HR and still they keep her there. Im sick of being harassed, Do i have a case? help


Asked on 3/03/09, 3:25 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Suit against Work for Discrimination!

IF you can show evidence that she violated your right to privacy, then you may have a case against her. If the company was aware of it, verified your story sufficient to 'slap her wrist', then you must have some evidence. This arguably created a personally perceived 'sexually hostile environment' for you, according to your description. However, it's interesting that disclosure of your life style choice causes you so much distress, but that's a separate problem for you to work out. You do have a right to privacy, to remain in the closet so to speak, about your sexuality. However, if you made it public knowledge by your dress, conduct or disclosures to friends, then she didn't disclose anything not already known.

Your legal burden is to show that the company didn't handle your complaint correctly or adequately, because if it did, you would have a weak case against the company. You say 'slap on wrist', which means absolutely nothing without details. If they reasonably disciplined her, and that is a subjective standard, they satisfied their requirements. However, if she continued or repeated the conduct, and you complained again without remedy, it would strengthen your case and arguments.

After all that, if you still think you have a valid case against the company, not just her, feel free to contact me.

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Answered on 3/03/09, 3:20 pm


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