Legal Question in Sexual Harassment in California

Re: Sexual harrasment

Look in the employee handbook (if there is one) to find out to whom in the company you are required to report the conduct. The company is required by law to conduct an investigation.

Re: Sexual harrasment

Your supervisor is acting incorrectly. She has no choice but to take the report and to investigate. If there is a Human Resources Department, you need to circumvent the supervisor and take it to HR. What ever you do, it MUST be in writing. Verbal reports never get recorded correctly, if at all.

In fact, it's best if you can fax (with a confirmation report) or email it so there is documentation that it was reported. You should also mention that you reported it to your supervisor, but not necessarily mention that she refused to act on it, otherwise she will take more heat than usual for not reporting it to HR in the first place (assuming she didn't). If there is no HR, then you have to go to someone higher than your supervisor. Is there an employee handbook? If so, there is likely a procedure for reporting. Follow it to the letter if you can. Alternatively, or in addition to the HR report, you can file a claim with the Department of Fair Employment and Housing (DFEH). This may actually provide you some protection and avoid retaliatory action against you for making the report -- at least it should. If they do take any adverse action against you, including transferring you or reducing your pay, duties, etc., then you may

have a retaliation claim in addition to a sexual harassment claim. Our

office has been handling employment claims for over 22 years. Feel free to contact us for more information,or assistance with filing a DFEH claim.