California Employment Law
California Employment Law Questions Answered by Legal Experts
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Do you believe that the treatment that you're receiving is due to you being the only female manager?
In other words, do you suspect that you are experiencing discrimination due to your gender?
I don't know if being female is the reason why the owner (female herself) is harassing me. I do feel (as well as other employees) that she is mean and unprofessional. I think she dislikes me because I am close to her sister which she does not get along with. There also was a food service manager (female) that no longer works here that she yelled at in front of all the customers and employees. Yeah, so I do think she is picking on me because she is on a power trip. She does not talk to other managers the way she talks to me.
If you have any reason to believe that your employer's treatment of you is due to your gender, you should file a complaint with the Department of Fair Employment and Housing for discrimination on the basis of gender in violation of the Fair Employment and Housing Act.
You can file a complaint using the information available online here:
The Department of Fair Employment and Housing will investigate your complaint and either file suit on your behalf or issue you a right to sue letter so you can pursue you claim against your employer through a private attorney.
Other than that, I'm afraid your options are limited (unless you are a union member or have an employment contract with your employer. Despite popular belief, your employer is not required to treat you in a certain way at your job, and short of violent behavior (or that which makes you fear for your personal safety) your employer is granted broad discretion in how it treats you unless it is treating you negatively due to discrimination based on a protected characteristic. However, as long as you can demonstrate some connection between your gender and the harassment that you're experiencing, you'd have a valid cause of action.
(Also, to note, it is immaterial that your boss is also female, if she treats you differently than other managers due to your gender, that is gender discrimination).
I hope the above information is helpful.
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So are you saying that an employer can yell at me, accuse me of wrongdoings that are not true, make me literally sick with stress and I cannot do anything about it?
I have been told by my therapist that I should file for disability due to the way my body has been reacting to all the stress.
It depends on the extent of the treatment. If your employer's conduct is so outrageous that it has caused you emotional distress, you would have a cause of action against your employer for intentional and/or negligent infliction of emotional distress.
Since you have seen a therapist, that would support your claim for infliction of emotional distress.
You could either file for disability or workers' compensation, since your injury appears to have been caused by your working conditions.
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Legally, it means a work environment that is hostile (uncomfortable or difficult) to be in due to discrimination due to a protected characteristic, such as race, gender, national origin, or ethnicity.
So legally it doesn't include a work environment that is hostile due to any other reason than discrimination based on a protected characteristic, such as personal dislike, etc.
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