Legal Question in Sexual Harassment in California

How document employer knowledge when head of company is involved

How do I prove that I tried to stop the harassment when it's a small office of only four people and the two owners are involved? I attempted to tell the President about the VPs actions and later found out about vulgar conversations taking place between the two regarding sexual situations and myself. And can a conversation that took place when I was not present but included several vulgar and disturbing references to me be considered sexual harrassment?


Asked on 9/03/99, 3:06 pm

1 Answer from Attorneys

Roger Renfro Renfro & Associates Law Corporation

Re: How document employer knowledge when head of company is involved

If you are a California resident working for a California employer in California, what you have described could be considered to be sexual harassment (either or both "quid pro quo sexual harassment" and/or "hostile work environment"). As such, all California employers are mandated to establish, publish and use their "sexual harassment policy." Most employers have established a "zero tolerance" policy to any form of sexual harassment. If your employer has such a zero tolerance policy, the conduct you describe should be stopped immediately upon receipt of notice of an offense. Your problem may fall within the legal doctrine known as the "futility doctrine", since any effort to complain in hopes of correction is probably futile . . . the apparent offenders are business owners. In your circumstance, you might want to consider contacting the local office of the Department of Fair Employment & Housing. The local DFEH office will assist you in investigating and possibly resolving the problem at your workplace. Alternatively, you should also consider consulting with an employment attorney.

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Answered on 9/03/99, 4:05 pm


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