Chatsworth, CA asked in Employment Law, Employment Discrimination and Sexual Harassment for California

Q: Are the laws for sexual harassment different for temp employees?

started tempjob w/a male coworker. The lead processor who trained&instructed us daily started sayin inappropriate things2me. started w/reactin"that's cute"2things I wld do/say. moved2"ur cute"&a hand on my lower back, a"friendly hug"even brushed my hair off my neck. This was over abt a 4 mnth period but not everyday. I'm a very shy person so i didn't react w/a "stop" i wld just pretend he didn't say anythin&later as it got more aggressive i wld make a negative face&pull away abruptly if he touched me. My reaction was obvious enough2the guy i started w/&i feared4my job if I reacted2straightforwardly. I couldn't get out of going2lunch1day. I drove us2blocks away. On the way back he was touching my thigh askin if i was ticklish. I strongly said no. B4gettin out of the car he kept grabbin my hand&even kissed it, confessin his feelings4me. i reported it2HR. 3days later interviewed w/HR&temp agency. told me i could deal w/it or be relocated. didn't tell him4a week. ended my temp 1mnth aftr

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: From what I can make out of your statement, you started being harassed almost immediately. If the contact was unwanted and unwelcome, you must clearly indicate this to the harasser from the very beginning.

But to answer your question, the laws against sexual harassment are no different for full time or temporary employees. But the harassment must be unwanted and the victim, you, must clearly tell the harasser to stop so he gets the clear message that it is offensive and is creating a hostile working environment. Once you do that, and if the harassment doesn't stop, then you report to your immediate supervisor that you are experiencing unwelcome and unwanted sexual harassment.

In your case, I wonder how unwanted or unwelcome the harassment was, for why would you agree to drive the harasser off the work site for lunch. It makes no sense to me.

You can file a claim for sexual harassment with the California Department of Fair Employment and Housing. http://www.dfeh.ca.gov/

There is a button you can click to learn about the complaint process, which will guide you on the next steps to take.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: The sexual harassment laws are the same whether you're a full time, temp, or part time employee. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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