I agree that you should not reveal too much on this public forum and your claim sounds very serious. Sexual harassment and retaliation cases are factually complex. You should immediately contact a knowledgeable employment lawyer for a free consultation outside of this forum.
You have plenty of legal options:
1) You're supposed to be free from sexual harassment in the workplace.
2). Your employer has a legal obligation to prevent sexual harassment in the workplace.
3). You are not supposed to be retaliated against for reporting sexual and if you are you can sue for retaliation.
It sounds like you're being retaliated against already. I would talk to an experienced employment lawyer who should not charge you. A lawyer who will take your case will probably do so on a contingency fee (percentage basis).
I'm sorry to hear you're having to deal with this.
As I'm sure you know, it is illegal to harass someone on the basis of either their race or sex. It is also illegal to retaliate against someone who makes complaints he or she reasonably believes to be racial or sexual harassment. These laws are contained in the Fair Employment and Housing Act ("FEHA"), California's version of the civil rights laws.
If you believe that you have been illegally harassed or retaliated against, and you decide you want to take legal action, make sure to do so within the statute of limitations period, or your rights may be lost forever.
I hope you can resolve these issues, and I wish you the best.
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 have received multiple answers here all saying pretty much the same stuff. Fair enough. It's all good counsel. But there are some statements in your post that give one pause and, since you are not fired but still employed and apparently hope to hang on to that job, I will venture comments on those issues that are triggering alarms:
Re: " ... receiving messages/text from management after hours giving me someone else's responsibilities;..". This conduct, as you describe it, is not unlawful and not harassment or "hostile work environment." It is lawful employer action. At will employees (non-union; no labor contract) can be legally terminated for failure to perform as instructed by the employer even if the instructions come by text after hours and pertain to "someone else's" responsibilities.
Re: "I have suffered financially, mentally & emotionally because of my gender and my race." OK, but did your employer not realize your gender or race when you were hired? So what got added to the mix after you were hired? This simple deduction is used by employers to demonstrate that there are likely other factors that are critical in evaluating the lawfulness of the employer's conduct. Remember, as a claimant it is your burden to show by evidence that "but for" your race and gender, the unlawful conduct by the employer would not have occurred. That can be difficult where the employee's race and gender were obvious and acceptable to the employer at the time of hire.
These examples are typical of the kinds of employer conduct issues that employees often over-evaluate and that can cause the employee to err in their attitude and performance on the job. It is important that you get into a detailed consultation with a skilled and experienced employment discrimination attorney ASAP. If you are over-playing your issues, you need to know now, so that you can adjust and correct your course while still employed. Even a legally-sufficient lawsuit is seldom as good as a job.
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Call an employment law attorney to discuss. Many offer a free initial phone consultation. If you complained about sexual harassment in the workplace in good faith and were retaliated against BECAUSE of your complaint, you may have a very good case.
Criminal charges for harassment Employment Discrimination in the workplace Hostile work environment Gender discrimination in the workplace Workplace harassment Sexual harassment Employment forms Employment contracts Protections against employer retaliation Types of employment At-will employment Civil rights Gender discrimination Discrimination