Legal Question in Sexual Harassment in California
loose my job?
I have been subjected to sexual harassment by a co-worker, this is being going on from some time now. I just recently reported it to my admminastrator at the school site Im currently working at. I was afraid to do so, becouse this person has been with the school district for more than ten years, and I only going into my fourth year and Im afraid to loose my job. I was also afraid of not to be believed and that's exactly what happened. This person was so sorprised of the facts I was relating to her. In fact, she said to me, that she could not believe this co-worker was able to do such thing. Well, I guess my question will be this: can this happen, can I loose my job, now that, I reported this person to my superior? and if this really happen, what can I do?
Thank you for your help.
3 Answers from Attorneys
Re: loose my job?
The employer's responsibility when presented with a complaint of harassment is to investigate the matter thouroughly. If the employer fails to investigate and the conduct continues you will have a claim against the employer. You should secure counsel and make sure that the proper facts are provided to the employer for the investigation. The law prohibits retaliation against you for making the complaint. If you need assistance, feel free to call.
Re: loose my job?
The law prohibits firing you in retaliation for making a discrimination complaint. If you have been fired like that, it is grounds for a possible lawsuit. If interested, contact me to discuss the facts and other issues, such as the reasons given by the employer for the firing.
Re: loose my job?
I should have also said that the sexual harassment claim needs to be discussed to see if the facts provide grounds for suit on that basis. An employer is liable for harassment if they knew or should have known it was going on. You have an obligation to report it so that they can take proper action. Those facts need to be discussed with counsel. Again, contact me if interested.
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