Accepted Answer

1) The labor code does not address improper behavior from an employer, so there is nothing in the labor code to stop an employer from yelling and acting inappropriately.

2) However, it is a criminal offense for someone to thrown things at another person. The employer can be prosecuted for assault and battery, even if your daughter did not sustain injury to her person as this behavior is a crime in California [read criminal code statute here]

3) Any comments that are in a sexual nature and discussions about her rear may be reported to the Equal Employment Opportunity Commission for further investigation for sexual harassment. The employer is to maintain a work place environment free from sexual harassment. As to her not wearing a baseball cap but allowing the boys to do so that may not be actionable as a gender discrimination unless all women are being treated differently from the men. This is something that she would first have to file for investigation with the EEOC and she must do so within 180 days from the alleged incident. You can obtain more information here.

4) If she decides to exercise her rights here, the employer cannot retaliate against her and fire her for taking legal action, if the employer does so, she would also be able to maintain a wrongful terminate cause of action.

If she believes she has a case, she should discuss this further with an employment law attorney or contact the EEOC for further guidance.

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Expert:	LawNinvest
Pos. Feedback:	99.5 %
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Answered:	5/21/2008

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