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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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If you wanted to file a sexual harassment lawsuit against the

Resolved Question:

If you wanted to file a sexual harassment lawsuit against the company you work for because they didn't terminate employment from someone you feel sexually harassed you, do you have a legitimate case for a hostile work environment if the person continues to work just 5 feet away from you? The sexual harassment in question is the coworker showed me a picture of a celebrity's penis.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

What is the "culture" of sexual harassment you refer to?

The employee they did not terminate engaged in inappropriate conduct by showing you a picture of a celebrities penis, but no other incidents of sexual harassment toward you involved this individual?

Customer: replied 5 years ago.
No, this individual has never done anything else to me, but it's not uncommon for her to refer to deputies and defendants (we work for a non-profit at a courthouse) as "hunks" or talk about how attractive she finds some of them. By culture I'm referring to our previous supervisor sleeping with a subordinate and the agency turning a blind-eye to it. Aside from my supervisor right now, I'm the only male in the office and often times work luncheons and meeting are ripe with inappropriate comments. I was thinking of just reporting this incident to the California Labor board as mishandling it, or is it not uncommon to receive a "slap on the wrist" for incidents such as these?
Expert:  Tina replied 5 years ago.
I see.

Since the incidents are unwelcome and appear to be continuing, this would be a matter for which you would typically file a complaint with the state fair employment and housing commission, not the labor board.

You are protected by law from retaliation by the employer for filing the complaint, and if the employer retaliated, that would typically constitute a basis for a new complaint.

It is best to consult further with a local employment law attorney to review the complaint and best protect your rights.

One incident is not typically enough to constitute a viable claim for sexual harassment unless it is very egregious. However, where the incidents are continuing and create a hostile work environment, that is normally enough to warrant filing a complaint.

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