Legal Question in Sexual Harassment in California

I work in a restaurant, approximately three weeks ago a cook cornered me in the walk in refrigerator and asked me to lift my shirt for him. When I told him no he said that he just wanted to look and not touch. I told him no again. He would not let me out so I pushed my way through. I was nervous and scared so it took me a few days to bring it to managements attention. When I told the Kitchen Manager and the Assistant manager on duty all they did was ask him what happened and he said it was a misunderstanding and they let it go. The rest of the evening my orders were suffering and I felt very uncomfortable with how the situation was handled. I had to wait a few days for the General Manager to come back to work when I could sit down with her. She had no idea of what happened, her managers failed to bring it to her attention.She was appalled at what happened and said there would be a full investigation. In the mean time I did not feel comfortable going in to work so I have been covering my shifts per the company policy until I hear of a resolution that makes me feel safe. The last I heard from the General Manager she was concerned because a few cooks said they see me hugging people hello and goodbye. The investigation is supposedly still being conducted. Do I have any legal rights here?

Thank you

Arianne Hill

Ps. I have used my boyfriends Email address which I check every day. I would love to hear back with some advice.


Asked on 12/27/09, 10:22 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Sure, you can bring a claim of discrimination / harassment / hostile workplace with the DFEH or EEOC and follow it up with a lawsuit, IF you can prove an actual and serious case of sexual harassment occurred, and show company failure to adequately investigate or remedy. Thus, it depends upon the outcome of the investigation they are conducting, and the action they take. IF after that is completed you feel they have not handled it properly, and you wish to consider taking legal action, feel free to contact me. I've been doing these cases for over 20 years.

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Answered on 1/04/10, 10:12 am
David Lupoff Law Offices of David B. Lupoff

This is an interesting situation because by reading the fact pattern, it would appear that this was a one time incident. One time incidents are more difficult to prosecute than continous conduct by the harasser. However, like Mr. Nelson said, you should place a discrimination/harassment claim with either the DFEH or the EEOC. Please contact my office for a free consultation at 1.877.505.INJURY.

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Answered on 1/04/10, 3:59 pm


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