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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37822
Experience:  Retired (mostly)
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My wife has experienced continual sexual harassment by the

Customer Question

My wife has experienced continual sexual harassment by the employees and contractors at the apartment complex we reside at, Bella Posta. We reported the incident to the management of the complex with no resolution to the incident and were virtually ignored. We had planned to have lived here through out my tour of duty. As in all apartments maintenance needed to be done on our oven, toilet, dishwasher etc I am in the military and my duty required me not to be home to see to these matters were professionally taken care of. My wife being the homemaker was fearful of making the necessary repair requests do to being again sexually harassed or worse sexually assaulted by the maintenance crew employed by Bell Posta. Much needed repairs were never made to our apartment do to again my wife's fear, We have lived here as our lease has required us to do but feel as though my wife's civil rights and our rights as renters have been violated.
In your legal opinion do we have a case worth pursuing for the violations mentioned above?

10353 San Diego Mission Road Apt 322
San Diego, Ca 91208
Andrea Cell: XXX-XXX-XXXX
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.

The question of whether or not you can make a claim for sexual harassment by the property management can be answered affirmatively, because California law expressly permits such awards. Cal. Govt. Code 12955. You don't have to sue -- you can file a complaint with the California Department of Fair Employment and Housing (DFEH).

The question of whether or not you can win, however, depends entirely on the quality of your evidence. Your wife's testimony concerning harassment will not be sufficient. You need objective proof, such as other witnesses who will corroborate your wife's testimony -- or, recordings of the employees making intimate advances or harassing statements to your wife while in a place where they had no reasonable expectation of privacy (e.g., in a hallway; common area; elevator, staircase, lobby, your home -- unless the worker is using a restroom).

In court, it's all about the evidence -- and you need more than your wife's testimony against the employees -- because in court, all ties go to the defendant.

Please let me know if I can be of further assistance.

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