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Can I filed a sexual harassment case against my girlfriend's co-worker?

Pasadena, CA |

My girlfriend has a coworker at work, and that co-worker told her to "feed me" 3x. She said no and she was uncomfortable by his actions. Can we filed a sexual harassment case against him. We have a witness.. Its tough because I want to punch and beat him up. But filing this case is more adult-like.

My girlfriend was being nice and helped serve dessert out to her coworkers. And this "co-worker" told her to feed me a couple times. He was serious about it.. Isnt that statement a sexual come on because feeding a member of the opposite sex is an intimate act. Feeding someone food is intimate. It can be in loving matter. And there can be feeding a person in sexual way too. In this case, I guess it a loving matter.

Attorney Answers 4


  1. There are a lot of facts that are unclear. I assume you are male? Is co-worker male or female. What does "feed me" mean? I do not see sexual innuendo from that statement. You ask if YOU can file sexual harassment. Are you employed at the same company where your girlfriend works? Contact a sexual harassment attorney right away.

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  2. The co-worker sounds like a jerk, but it does not sound like he is sexually harassing your girlfriend, unless "feed me" has a meaning that I am unaware of. And if there is any sexual harassment claim to be made, your girlfriend can file it as she is victim; you have no legal standing (reason) to file.

    Unlawful harassment is a form of discrimination. To be unlawful, the harassment must be must be based on a protected category, such as race, sex, religion, disability, age (40 and over), pregnancy, or genetic information. Harassment can include verbal conduct, slurs, derogatory comments, comments or questions about a person's body, appearance, religious, or sexual activity, or indication of stereotyping. Harassment can also include offensive gestures, sexually suggestive eye contact or looks, mimicking the employee in an insulting way, and derogatory or graphic posters, cartoons or drawings.

    Harassment is unlawful when the conduct is either severe or pervasive enough to create an abusive environment. Severe conduct would include most physical contact and many types of threatening, vulgar or degrading conduct. Pervasive conduct is widespread, happens frequently and/or in many situations. One offensive statement is not pervasive, but the same comment made over and over again may be pervasive.

    Unless there is more than your question reveals, your girlfriend MIGHT be able to report the co-worker for workplace bullying or acting against company rules. She can contact human resources to discuss this.

    I suggest you take no action against this co-worker to avoid him having a claim against you,

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***


  3. Does "feed me" have a sexual connotation that I am unaware of? If it does, you can file an Equal Employment Opportunity Commission complaint or one under any state discrimination law that exists. This is a first step to a lawsuit. The federal or state discrimination agency is tasked with investigating the complaint of discrimination. There are time limits for filing which need to be carefully adhered to. I agree violence will help no one.


  4. Don't resort to "self help"! The statements, as you describe them, don't necessarily give rise to a claim either. What she should do is make a written complaint to Human Resources and request that they investigate these incidents and take appropriate actions. If the conduct stops, enough said. If not, she should seek legal advice at that time.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.