I work at a strip club and someone in mangment sent me a text message saying "Hey babe
I got couple of clients wanting to do you for $5000 - safe, clean..., dp,
no bareback. Are you interested?"
I'm not sure who sent it, I only know that it came from the companies email address. I am not a prostitute and I am disgusted by this. Can I sue them for sexual harassment? Or go to the police for solicitation?
Even individuals working in strip clubs have the right to a workplace free from sexual harassment. You should consider complaining to management about the text, you should definitely save the text and you may want to speak with an employment attorney. Most of us provide free consultations and work on contingency. Good luck.
I am not licensed in California but if this were in Texas you could do both. Solicitation of prostitution is a crime in most states and sexual harassment even at a gentleman's club is illegal, however a jury might not award much in damages to a woman who works as a s stripper claiming to be sexually harassed.
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Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.
That being said, you shouldn't be treated like this - it's wrong and illegal. You may be able to make a claim of sexual harassment/hostile work environment, but you'll likely have to start with an internal complaint. Before doing so, speak with a CA employment attorney. This is also solicitation, which is illegal. This puts you in some danger (as overzealous policy/prosecutors may not care too much whether you had no part in the solicitation), and in how you approach management with your complaint - all the more reason to speak with an attorney before doing anything. Good luck.
/Christopher E. Ezold/
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.
I'm sorry this happened to you.
Sexual harassment in the workplace is illegal. The Fair Employment & Housing Act ("FEHA") prohibits it. In order to be illegal, sexual harassment must be so severe or pervasive that it fundamentally alters the nature of the workplace.
Unfortunately, your opinion and my opinion of what is "severe or pervasive" probably isn't the same as what the courts think that means. One incident, even a single text message like you've described, probably isn't enough to rise to the level necessary to support a sexual harassment lawsuit.
Make sure to keep the text; do not delete it, because if this happens again, you will want to have evidence demonstrating the repeated nature of the texts.
It is up to you to decide whether you want to complain about this or not. Even if it's not sufficiently severe or pervasive to be actionable, the law protects you from being retaliated against if you complain about it. Nonetheless, employers do illegal things all the time, which is what keeps me in business, and I'm plenty busy. Consider whether this is worthwhile to you to risk your job before you decide if this is something you want to complain about. That's a personal decision, not a legal one.
If you believe that your rights have been violated, and you decide that you want to take legal action, make sure to do so within your statute of limitations, or your rights may be lost forever.
I hope this information is helpful to you.
Craig T. Byrnes
Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.
You can print out the texts, report it to management, and retain a local sexual harassment lawyer to investigate.
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