Legal Question in Sexual Harassment in California
sexual harrasment in/out of office
I filed a greivance 2 weeks ago and after investigating my company said a few things:
1. Because first instance started at a work function then carried over to outside of work later that night that it was not of there concern.
2.The accused stated most of what I said was untrue (big surprise) but did admit to touching me though it was stated to be ''out of sympathy'' for an injury.
3. Work said they would not be doing anything further and that if I run into this person in work it is my perogative to acknowledge or not.
I have started seeing mental heath specialist because of this. Should I file with EEOC?
3 Answers from Attorneys
Re: sexual harrasment in/out of office
One would need to know more specific facts in order to determine whether or not you have a strong claim.
If you do have a good claim either under the "hostile work environment" or the "quid pro quo" theories of sexual harassment, you would probably want to file with the state agency, the DFEH (Department of Fair Employment and Housing) instead of the federal EEOC.
We handle many sexual harassment claims.
Call for a free consultation if you wish to discuss your case.
Re: sexual harrasment in/out of office
The fact that your claim seemed to be dismissed summarily simply by the tortfeasor's denial troubles me. I would like to discuss the strength of your case. Contact me directly.
Re: sexual harrasment in/out of office
While I don't agree with how the company handled your grievance, if the grievance was against a co-worker, it may be premature to file a complaint with the EEOC.
You did what you were supposed to do, you brought your complaint about the employee properly. The company is now on notice. Their responsiblity is to prevent any further harassment or retaliation. If either occurs, you can then file a claim with the DFEH or the EEOC or meet with an employment law attorney to discuss your options.
If your grievance is against a supervisor, or you have evidence that the employer is aware the co-worker has been harassing other employees, you do not have to wait to see if the employer has taken effective remedial action.
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