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  1. #1
    Join Date
    Sep 2020
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    4

    Default Work Harassment Involving the a Word

    My question involves labor and employment law for the state of: CA. Im a guy for what thatís worth. Iím trying to word this the best I can. There is a coworker who back 5.5 months ago harassed me and even made a threat; he made explicit and false harassments (even if he was joking he just met me so how am I supposed to know itís for sure joking) like how I like male ďparts,Ē am attracted to male minors, touched me on my bottom one more time even after I told him to stop, and notably asked ďhow would you feel if I stuck a knife up your ass?Ē I told my agency (heís from a different one) and the employer said I needed a witness which I had none. I however have pictures of a complaint paper I signed about the incident. My agency talked with his and all that happened was a two day suspension. For any worth he has left me alone since but for all I know, he still may talk port of me when Iím not there. Including from a reliable source, he spoke poorly of me when I wasnít there referring to me as a girl. Yet, for all I know, he may show up to work early some day when Iím about to leave, and before he clocks in, and harass or harm me. I still have that fear in my head. First off since this was 5.5 (not 6 months yet) ago, and it involves my work, The statue of limitations is still in my favor right? How much can I receive from this settlement if anything? How likely is it that he can get fired? Heís still a temp and not hired on the company. I also have been at my place a year and he hasnít been there for six months yet. I called the CA fair employment and housing business and was given an email about a form to fill out. The woman also mentioned the statue of limitations is still good too.

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    24,521

    Default Re: Work Harassment Involving the a Word

    If you reported this to the employer and the employer has made him stop, they have fulfilled their legal requirement. All they are required to do is make him stop. They are not required to fire him and it is not up to you what discipline he receives. You don't get to sue for something he might do at some point in future.

  3. #3
    Join Date
    Sep 2020
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    4

    Default Re: Work Harassment Involving the a Word

    Quote Quoting cbg
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    If you reported this to the employer and the employer has made him stop, they have fulfilled their legal requirement. All they are required to do is make him stop. They are not required to fire him and it is not up to you what discipline he receives. You don't get to sue for something he might do at some point in future.
    What am I able to get for some kind of lawsuit if anything? I heard I may be able to contact a lawyer and have a case.

  4. #4
    Join Date
    Oct 2014
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    8,238

    Default Re: Work Harassment Involving the a Word

    Quote Quoting nicedays
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    My agency talked with his and all that happened was a two day suspension. For any worth he has left me alone since but for all I know, he still may talk port of me when Iím not there.
    Under the federal and California laws harassment of one employee by another employee that is based on a protected characteristic, which includes sex, sexual orientation, gender identity, etc can amount to illegal discrimination by the employer if the employer fails to remedy the problem once it is aware of it. Thus if the employer promptly remedies the problem so that it does not continue then the employer has met what the law requires. In that case, the employee does not have a good claim to pursue against the employer. The law does not require that the employer fire the offending employee or take any other specific steps. All the employer must do is make it stop. If that can be done by simply talking to the offending employee, then that's all the employer has to do.

    Quote Quoting nicedays
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    The statue of limitations is still in my favor right?
    There are two steps to pursuing a claim of illegal discrimination against an employer. The first step is that you must file a complaint with the Equal Employment Opportunity Commission (EEOC) for your federal law claim and with the California Department of Fair Employment and Housing (DFEH) for the California state law claim.

    The deadline to file the EEOC complaint for the federal law violation depends on whether the state where the employee works also has a state agency that enforces state laws that prohibit the same kind of discrimination. If it does, then the EEOC complaint is due within 300 days of the date of the discriminating act. Since California does have such an agency, it is the 300 day rule that would apply for you.

    The deadline to file a complaint with the CA DFEH for the state law violations is one year from the date of the discriminating act. The DFEH and EEOC coordinate on these complaints so when the discrimination violates both federal and state law you may file just with one of the agencies within the 300 days and it would count as filing with both agencies.

    The agencies will try to mediate a resolution between the employer and employee. If no resolution is reached, then the agency might decide to litigate the case on behalf of the employee, but that's not common. If the agency won't litigate the case itself then it provides the employee with a right to sue letter which then is the ticket for the employee to sue the employer on his own. Note that a right to sue letter does NOT mean that the agency thinks the employee has a good case. It simply means that the employee has completed the agency complaint process without resolution.

    Once that letter is sent the SOL to sue the employer starts to run. For the federal law violation the SOL is very short, just 90 days after the right to sue letter is issued. If you don't file within that 90 days you cannot pursue the lawsuit and you are done. The time to pursue the California state law claims, however, is now 3 years from the right to sue letter thanks to a change in the law enacted in October 2019 that increased the SOL.


    Quote Quoting nicedays
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    How much can I receive from this settlement if anything? How likely is it that he can get fired?
    If you sued in court all you can get is reinstatement to the job (if you got fired), back pay, and monetary damages. The court will not require the employer to fire the offending employee. You can try to negotiate for whatever you want in mediation/settlement talks with the employer, but since the employer does not have any obligation to fire the guy you might not get that.

    As far as money goes, if you sue in court you need to prove that you suffered some kind of legally recognized damages, like a financial loss, as a result of the illegal discrimination. If you suffered some kind of physical or mental harm from it and incurred medical expenses for treatment of that, that's something for which you may sue. If you have not suffered any financial loss or any physical/mental damage that required treatment then you have no money claim to sue for.

  5. #5
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Work Harassment Involving the a Word

    Quote Quoting nicedays
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    I told my agency (he’s from a different one)
    Please explain what "my agency" means. I can think of at least two possibilities, and I'd rather not guess.


    Quote Quoting nicedays
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    First off since this was 5.5 (not 6 months yet) ago, and it involves my work, The statue of limitations is still in my favor right?
    The statute of limitations for what? The stuff the guy said isn't legally actionable, and the suspension and the fact that this was a one-time incident means that you have nothing for which you could sue your employer.


    Quote Quoting nicedays
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    How much can I receive from this settlement if anything?
    There's nothing to settle, and you don't indicate you have suffered any legally cognizable damages.


    Quote Quoting nicedays
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    How likely is it that he can get fired?
    It is 100% likely that anyone who has a job "can get fired."

    Quote Quoting nicedays
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    I heard I may be able to contact a lawyer and have a case.
    Heard from whom?

    I'm sure that you are "able to contact a lawyer," but nothing you posted suggests that you "have a case."

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