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Around the corner there is a small business that I go in frequently for some items and the guy behind the counter says sexual "things" towards me every time I'm there.
In California victims of sexual harassment outside of the workplace can bring a lawsuit if the harassment is connected to a professional relationship that is difficult to terminate, such as a doctor-patient relationship. See California Civil Code Section 51.9. Your email does not mention such a professional relationship.
Check with an attorney.
The neighbor on the property sexually assaulted me and I just stopped going over to his house so it didn't cause any problems with my landlord also the same as his. Well now my landlord keeps trying to insist I spend more time with him who is also...
You should consult an attorney. Among other legal causes of action, you may have a case against your landlord for sexual harassment under California Civil Code Section 51.9.See question
I was shopping at Big Lots and the general manager made a very inappropriate sexual comment along with a gesture and stalked me throughout the store, staring at me despite me catching him. He made me feel extremely uncomfortable and upset to the p...
Civil suits for sexual harassment are authorized by statutes. Employees are protected from sexual harassment through the California Fair Employment and Housing Act and the Federal Title VII. In California, customers are also protected from sexual harassment by California Civil Code Section 51.9, but the relationship has to be one that is not easily terminated, as stated in the statute. Sexual assault and battery can be grounds for both civil actions and criminal prosecutions by the District Attorney. You should review the facts of your case with an attorney.See question
I hired an X boyfriend to work for full time and he ended up working part time a demanded full time pay. He threatened on the phone to spread my semi nude photos. He is living in New Mexico now but will move back to San Jose in a weeks.
Your case has remedies, but you need to consult an employment law attorney who is familiar with sexual harassment and restraining orders. Among the other things you raise, you should ask an attorney about extortion.See question
I met my landlord through my boss.I stay on his 10 acres in my motorhome to watch over his property. At first he didnt charge anything and he kept making sexual comments and texts.I ignored it at first and it got worse. He started staying for days...
In addition to a landlord tenant problem, you may have a sexual harassment claim under California Civil Code Section 51.9 which prohibits sexual harassment by, among others, landlords. You may wish to consult an attorney familiar with this type of sexual harassment claim in your vicinity.See question
My male PT was very physically assaultive as well as sexually. I told the referring PCP who,he reported it to management as sexual harassment. After an internal investigation I was dropped from care completely. The PT admitted to some behavior. I ...
In California you are protected from sexual harassment at the hands of your physical therapist by Civil Code section 51.9. Civil Code section 51.9 prohibits sexual harassment in service, professional, and business relationships, such as a doctor-patient relationship, and substantially similar relationships. You should contact a sexual harassment attorney right away to discuss your case in more detail in order to protect and pursue your legal rights.See question
I say that about 70% of what the operations manager spoke. Was an offensive sexual comment to different employees. Some employees responded with their own offensive sexual comments and touching themselves as a way to let the boss know exactly what...
You may very well have a case. You should see an attorney who is experienced in employment and discrimination law. Ask the attorney to review your case in light of the California Supreme Court decision in Lyle v. Warner Brothers. The issue in Lyle was whether an employee who saw a lot of distasteful sexual references in the workplace was entitled to bring suit when the offensive comments were not directed to her. The Supreme Court said that she could not sustain a lawsuit, but your employment atmosphere is likely to be different from the adult comedy writer's workplace atmosphere in the Lyle case.See question
I believe I was a victim of Sexual Harassment from an employee of a major corporation (Not stating the company name for privacy reasons). While shopping , the employee started walking towards me licked his lips, stared down my blouse, made a sex...
I am answering your question because your fact pattern is one that causes frustration for victims and their lawyers alike. If your unfortunate encounter happened in California, there are two statutes to consider for making sexual harassment claims. One is the California Fair Employment and Housing Act ("FEHA") (see California Government Code Section 12940). The other is California Civil Code Section 51.9. FEHA protects employees from sexual harassment. Civil Code Section 51.9 protects some categories of relationships from sexual harassment, such as protection for a student from a teacher, or a client from an attorney, or a patient from a doctor, and the like where the relationship cannot be easily terminated. It appears you were not in an employment relationship or in a Civil Code Section 51.9 relationship. Arguably you may have an assault claim, and some attorneys might stretch it to include a claim for infliction of emotional distress. You may also consider a civil harassment claim under California Code of Civil Procedure Section 527.6, but that also poses some legal hurdles under the fact pattern you present.
I urge you to continue your quest for justice by finding an attorney to look closely at your situation.
In November 2014, I had reported an incident to management, because a male co-worker had grabbed me by my arm and tried to lock fingers with me. I then, pulled away and told him to NEVER touch me again, as I started to walk away he grabbed me by m...
The sexual harassment statute of limitations in California is that a victim must file a charge of discrimination with the Department of Fair Employment and Housing (DFEH) within ONE YEAR from the date of the last incident of sexual harassment. The victim then has the option to ask the DFEH to investigate the claim or to immediately receive a right to sue letter. The right to sue letter from the DFEH advises the victim that they have an additional one year from the date of the right to sue letter to file a complaint in the California Superior Court for sexual harassment against the perpetrator and/or the responsible employer.
A victim also has the option of filing a charge of discrimination first with the Equal Employment Opportunity Commission (EEOC), but the sexual harassment statue of limitations in California for filing for charge with the EEOC are shorter than for the right to sue letter from the DFEH. For the EEOC, a victim has 180 DAYS from the date of the last incident to file a charge of discrimination. The time is extended to 300 days from the date of the last incident or 30 days after receiving notice of a case closure from the DFEH, if the victim also files a parallel claim of discrimination with the DFEH.
California Government Code Section 12960(d) sets forth some exceptions for the extension of the one year statute of limitations in California for filing a claim of discrimination with the DFEH.
There is some case law that gives relief to victims who attempt to file a claim of discrimination with the EEOC, but the claim is not completed. Case law allows some liberality in construing an attempt to file a claim with the EEOC as sufficient to comply with the sexual harassment statute of limitations in California for someone who has made an effort, but the effort was unsuccessful, particularly due to the EEOC failing to complete the in-take process.See question
I work for a small firm in sacramento. 1 week ago, a coworker and me were out of the office sick. (Neither one of us knew the other person called in sick). The owner/senior partner made a comment in front of staff, "Gee, I wonder what Ralph and sy...
The inappropriateness of the comment depends on the context. Starting or passing on false statements that tend to damage the reputation of another can be considered legally actionable defamation and if the comment is related to sex and the workplace it can also constitute actionable sexual harassment.See question