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N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 8090
Experience:  Since 1983
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I was a bystander in a sexual harassment case (not accuser

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I was a bystander in a sexual harassment case (not accuser or accused but just caught in the middle). Most sexual harassment cases have to do with retaliation to the victim. Is there anything that protects bystanders if they feel they have been repeatedly over the years, and only since the sexual harassment case, been treated in such a manner where they are "singled out" or discriminated against by the boss? I realise this is a vague question but hoping for some input. One vague example I can give is being lashed out at and reprimanded in an inappropriate manner (w/ door not closed) for something that other colleagues have done without issue and that didn't make sense. The situation is such that I need outside advice and going to the boss or HR is not an option. Also note that almost everyone who had a connection to the case or the accuser/accused has been fired, quit, or let go.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  N Cal Atty replied 2 years ago.
It is illegal for an employer to retaliate against a witness in a sexual harassment case.

http://www.nolo.com/legal-encyclopedia/workplace-retaliation-employee-rights-30217.html
states
The law also protects employees who cooperate in EEOC investigations or serve as witnesses in EEOC investigations or litigation. A recent Supreme Court case confirms that an employee's participation as a witness in an internal investigation is protected, too.

You can get a free consultation from some of the employment attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Employment-Law----Employee/California

You can file a complaint with DFEH, see
http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm
but I urge you to consult a local attorney first. There are several ways to approach this, see
http://www.hg.org/article.asp?id=6212

I hope this information is helpful.
N Cal Atty, Attorney
Satisfied Customers: 8090
Experience: Since 1983
N Cal Atty and other California Employment Law Specialists are ready to help you
Expert:  N Cal Atty replied 2 years ago.
Thank you for accepting my answer.

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