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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38128
Experience:  Retired (mostly)
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What would I need to prove to file a sexual harassment complaint

Resolved Question:

What would I need to prove to file a sexual harassment complaint against my gay building manager who made me feel uncomfortable with him making advances at me. These couple of incidents had happened in the past, but I can not remember the dates. Is there any way this would be useful in bringing up, especially with regards XXXXX XXXXX of proof, etc?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
To prove a "prima facie" (trans. "on its face") case for "hostile environment" sexual harassment under either Title VII of the Civil Rights Act of 1964, or the California Fair Employment and Housing Act (FEHA), plaintiff must allege that:

  1. plaintiff was subjected to unwelcome sexual advances, conduct or comments;
  2. the harassment complained of was based on sex; and
  3. the harassment was "so severe or pervasive" as to "alter the conditions of the victim's employment and create an abusive working environment." Meritor Sav. Bank, FSB v. Vinson (1986) 477 U.S. 57.
  4. In addition, to render the employer liable for coworker hostile environment harassment, plaintiff must prove the employer knew or should have known of the harassment and failed to take prompt remedial action. 29 C.F.R. 1604.11(d).

Hope this helps.


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Customer: replied 5 years ago.
Well, since it's not a work environment who do I make the complaint to? I can't remember the exact days that it happened at this point, but it did happen and it was unwelcome.
Expert:  socrateaser replied 5 years ago.
In a Fair Housing action, the plaintiff must prove that the sexual harassment was so pervasive that it affects the terms and conditions of the lease -- in other words, that the tenant's only option is to move out in order to avoid the harassment. Brown v. Smith, 55 Cal. App. 4th 767, 64 Cal. Rptr. 2d 301 (Cal. App. 4th Dist. 1997).

The above statement of law replaces element #3 in my first answer, and element #4 is eliminated.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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