Sexual Harassment Issue

ca_confused · Jun 19, 2006

What is the name of your state? California

I work for a company that is all male besides me. I am the only female in the company. This company consists of 35 employees total.
I was experiencing verbal sexual harassment from our human resources manager last year and had stated twice to my boss that I was not comfortable with the statements this man was making.
Because of the career I have chosen, I am used to working with all men and generally know how to hold my own. In the 15 years I've been in this industry, however, up until now, nothing I had heard ever offended me. But when I arrived at this company there were comments made to me by our human resource/CFO of our company that made me feel uncomfortable. I said something to my boss twice in a period of 6 months that this man was making me feel uncomfortable. I was also experiencing verbal remarks from other men here.
In January it was finally the last straw. The man touched me, not once but twice. I gave the company fair chance to speak with this man. I filed a formal complaint against this man.
They finally looked in to my complaints and as a result this man was fired. It turns out , women in the past at this company had complained about him. I remain at this job, however do not feel any better. Although, I am not experiencing any verbal or physical harassment from anyone here anymore, I feel they have to walk on pins and needles around me. And I am being treated as If I am lucky that I was able to keep my job and they did not dismiss me as well. So at this point, I feel that I am being discriminated against.

I do have everything documented as far as dates and whom, have made these comments going back to last year. At this point, 6 months later, do I have any legal rammifications?
I never expected it to affect me the way it has and it really bothers me to continue to be in this situation.

I am currently looking for a new job, but unfortunately, I cannot afford to quit this job until I have another one.

Your comments are greatly appreciated.What is the name of your state?

mitousmom · Jun 19, 2006

The federal anti-discrimination statute requires your employer to conduct an inquiry into an allegation of hostile work environment sexual harassment, and take appropriate steps to ensure that any harassment found does not recur.

Your post indicates that your company did just that, and in terminating the offender, ensured that his behavior would not continue. It therefore has met its obligations under the federal law and I don't see that you have any legal recourse for the alleged sexual harassment.

You have not indicated what, if anything, your employer has done to you to make you feel "like you must walk on pins and needles." Many individuals who file complaints perceive that the employer and even co-workers are treating them differently, when in fact that is not the case. It is the complainant's perceptions that have changed. In other cases, co-workers actually do socialize less with those who have complained, in fear that their behavior will be judged offensive. That, however, is not illegal retaliation.

The federal anti-discrimination laws prohibit an employer from taking adverse action against you because you filed a complaint or protested practices made illegal. However, nothing in your post indicates that is occurring.

Six months is a long time to wait to raise this matter, but you might discuss it with your employer and see if it would be willing to arrange for counseling to help you get beyond your emotional response to whatever occurred. If if your employer is not willing, you might want to consider counseling to simply help you.

mlane58 · Jun 19, 2006

ca_confused said:
What is the name of your state? California

I work for a company that is all male besides me. I am the only female in the company. This company consists of 35 employees total.
I was experiencing verbal sexual harassment from our human resources manager last year and had stated twice to my boss that I was not comfortable with the statements this man was making.
Because of the career I have chosen, I am used to working with all men and generally know how to hold my own. In the 15 years I've been in this industry, however, up until now, nothing I had heard ever offended me. But when I arrived at this company there were comments made to me by our human resource/CFO of our company that made me feel uncomfortable. I said something to my boss twice in a period of 6 months that this man was making me feel uncomfortable. I was also experiencing verbal remarks from other men here.
In January it was finally the last straw. The man touched me, not once but twice. I gave the company fair chance to speak with this man. I filed a formal complaint against this man.
They finally looked in to my complaints and as a result this man was fired. It turns out , women in the past at this company had complained about him. I remain at this job, however do not feel any better. Although, I am not experiencing any verbal or physical harassment from anyone here anymore, I feel they have to walk on pins and needles around me. And I am being treated as If I am lucky that I was able to keep my job and they did not dismiss me as well. So at this point, I feel that I am being discriminated against.

I do have everything documented as far as dates and whom, have made these comments going back to last year. At this point, 6 months later, do I have any legal rammifications?
I never expected it to affect me the way it has and it really bothers me to continue to be in this situation.

I am currently looking for a new job, but unfortunately, I cannot afford to quit this job until I have another one.

Your comments are greatly appreciated.What is the name of your state?

As a result of your complaint, you state that the employer terminated the man. They met their obligation under the law--they stopped the harassment, what more do you want?

rmet4nzkx · Jun 19, 2006

Actually, under CA law there are additional steps and training required for employers with 50 or more employees or employers with less than 50 employees where there has been a history of sexual harassment. While the terminaiton of the harassing employee might suggest that is all that is required under the law, the law requires all reasonable steps which might include "training" and possibly counseling.
http://www.cooley.com/news/alerts.aspx?ID=000038743220
You might also consult an attorney specializing in sexual harassment in the workplace. The feeling of being on pins and needles is understandable after making and even prevailing and indeed they could be looking for just one reason to terminate OP to eliminate the risk. What industry? Finding a new job may not end the problem especially if there is communicaitons between people in the same field.

mitousmom · Jun 19, 2006

rmet4nzkx said:
Actually, under CA law there are additional steps and training required for employers with 50 or more employees or employers with less than 50 employees where there has been a history of sexual harassment.

The OP indicated that her employer had 35 employees, so it doesn't appear that CA's law applies. Further, the webpage you provided indicated that CA requires the training. There is nothing to suggest that it's a requirement only for employers where there has been a history of sexual harassment. While I advocate training, including training for supervisors, I'm not sure how it will help the OP's situation.

rmet4nzkx · Jun 19, 2006

mitousmom said:
The OP indicated that her employer had 35 employees, so it doesn't appear that CA's law applies. Further, the webpage you provided indicated that CA requires the training. There is nothing to suggest that it's a requirement only for employers where there has been a history of sexual harassment. While I advocate training, including training for supervisors, I'm not sure how it will help the OP's situation.

I can read, that is why I clearly made the distinction between the statutory requirements for companies with 50 or more employees and the fact that companies with less than 50 employees WHERE THERE IS A HISTORY OF HARASSMENT, which would apply to OP, that they are not off the hook simply because they have less than 50 people, but that under the CA statutes they are required to" do that which is reasonable" Which might include other reasonable things, such as I suggested. Furthermore I referred them to an attorney specializing in such complaints.

mitousmom · Jun 20, 2006

You will have to point me to the section on the webpage or in the CA statue that imposes a training requirement on CA employers with fewer than fifty employees but that have a history of sexual harassment.

It's still a mystery to me how training will help the OP. She doesn't need to be trained in the technical sense, although I think she would benefit from counseling. Her apparent emotional response six months after the matter was resolved seems a little extreme. Typical training on sexual harassment is not going to address whatever she thinks she's experiencing. If she is being ostracized or scrutinized because of her complaint, her managers and co-workers need training on appropriately responding to someone who complains and how to avoid retaliatory behavior or its appearance, not training on sexual harassment.

I don't think the OP is looking for training for her supervisors. I think she hopes to obtain some sort of monetary compensation for what she suffered and is suffering. I think it's going to be difficult for her to obtain compensatory damages for the offensive behavior she experienced. It's not clear when those events occurred and the SOL might have expired. Further, the information she provided indicated that her employer took the appropriate steps to avoid liability. And, she hasn't indicated anything specific on which a claim for any kind of illegal retaliation could be make.

I advocate filing complaints and consulting attorneys when there is a likelihood of success. I don't see that here. My suggestion to the OP is to address with management whatever she feels that they are doing or not doing that gives her the feeling that she "is walking on pins and needles," and then put this episode behind her and move on. She can't control what other people do, but she does have control over her responses.

rmet4nzkx · Jun 20, 2006

mitousmom said:
You will have to point me to the section on the webpage or in the CA statue that imposes a training requirement on CA employers with fewer than fifty employees but that have a history of sexual harassment.

It's still a mystery to me how training will help the OP. She doesn't need to be trained in the technical sense, although I think she would benefit from counseling. Her apparent emotional response six months after the matter was resolved seems a little extreme. Typical training on sexual harassment is not going to address whatever she thinks she's experiencing. If she is being ostracized or scrutinized because of her complaint, her managers and co-workers need training on appropriately responding to someone who complains and how to avoid retaliatory behavior or its appearance, not training on sexual harassment.

I don't think the OP is looking for training for her supervisors. I think she hopes to obtain some sort of monetary compensation for what she suffered and is suffering. I think it's going to be difficult for her to obtain compensatory damages for the offensive behavior she experienced. It's not clear when those events occurred and the SOL might have expired. Further, the information she provided indicated that her employer took the appropriate steps to avoid liability. And, she hasn't indicated anything specific on which a claim for any kind of illegal retaliation could be make.

I advocate filing complaints and consulting attorneys when there is a likelihood of success. I don't see that here. My suggestion to the OP is to address with management whatever she feels that they are doing or not doing that gives her the feeling that she "is walking on pins and needles," and then put this episode behind her and move on. She can't control what other people do, but she does have control over her responses.

The word is "reasonable" how many time do I have to point this out to you! REASONABLE
REASONABLE!!!!!!! that might include sensitivirty training, counseling etc. The language is intentionally vague. If she consults an attorney, they will tell her if she has a case for psychological damages or not, there is not harm in consulting. It is very unusual, especially in a small company, that there is a claim for sexual harassment and the complaining party retaining employment in that same company, it is a matter of time. That is why she needs to consult an attorney, terminating the harassing employee is not necessiarly enough.

Sexual Harassment Issue

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.

ca_confused

Junior Member

mitousmom

Member

mlane58

Senior Member

rmet4nzkx

Senior Member

mitousmom

Member

rmet4nzkx

Senior Member

mitousmom

Member

rmet4nzkx

Senior Member

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential