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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7650
Experience:  Significant experience in all areas of employment law.
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I am an executive assistant. My boss wants to have sex with

Customer Question

I am an executive assistant. My boss wants to have sex with me. I found the job on Backpage classifieds in the adult section and thought the ad was not placed in the right section. He's been harassing me about sex and wont pay me until I agree.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. I'm sorry to hear that you find yourself in this entirely inappropriate situation. Can you please clarify for me what your specific question is?

I very much look forward to assisting you regarding this matter.
Customer: replied 2 years ago.

I'm not sure what to do. Should I go to the labor board? should I sue for sexual harassment? I did find the job listing on backpage classifieds in the adult jobs section, will this hurt my case if I decided to sue?

Expert:  Patrick, Esq. replied 2 years ago.
Eve,

Thank you for your reply. Does the job for which you were hired require you to perform sex on camera and is that what you are now refusing? Or is the demand that you have sexu unrelated to your work?
Customer: replied 2 years ago.

no this is unrelated to my job description.

Expert:  Patrick, Esq. replied 2 years ago.

Okay, thank you again for clarifying.

This is completely unacceptable behavior on the part of your boss and constitutes what is known in law as "quid pro quo harassment." This is a very serious offense and can give rise to a civil claim for damages in the form of emotional distress and lost wages in the event that you are terminated for not giving in to your boss's request.

The fact that your boss is withholding wages from you until you have sex makes this a particularly egregious violation and also raises an issue with regard to the timely payment of wages.

You would be extremely wise to gather as much evidence as you can of your boss's demands and his withholding of pay. You would also be wise to submit a written demand to him for immediate payment of your wages and a statement that you refuse to engage in sexual relations with him in exchange for payment (that way it's on the record).

The sexual harassment claim can be filed with either the Department of Fair Emplmoyment and Housing (a California agency) or the Equal Employment Opportunity Commission (a federal agency). You need not file with both agencies.

For information on how to bring a claim through California's DFEH, visit this link: http://www.dfeh.ca.gov/Complaints.htm For information on how to bring a claim through the EEOC, visit this link: http://www.eeoc.gov/employees/charge.cfm

If your employer refuses to pay your wages owed, you can file a wage claim with the Department of Labor Standards Enforcement. The DFEH and EEOC do not have the authority to adjudicate wage claims. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Finally, I will add that the fact your employment is in the adult entertainment industry does not at all change your rights under the law to be free from sexual harassment or the timely payment of wages earned.

 

I would strongly recommend that you retain a local employment law attorney familiar with sexual harassment suits. For attorney referrals, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA or visit http://www.martindale.com I particularly like Martin Dale because the site allows you to search attorneys by practice area and also provides attorney ratings.

Please let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

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Patrick, Esq.
Patrick, Esq.
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Significant experience in all areas of employment law.