Q: My boss is making me uncomfortable by making comments about other women's physiques but not mine. Can I sue for sexual
harassment or should I look at a hostile work environment claim?
A:
To be a hostile work environment, the comments have to be pervasive (meaning a lot of them) or severe, such that they alter your working environment. Without knowing exactly what was said, and when, and the context, and how many times, it would be impossible to evaluate whether you have anything approaching a hostile work environment claim.
You can complain to HR, or to the DFEH (https://www.dfeh.ca.gov/complaint-process/file-a-complaint/). If you are retaliated against, you have a lawsuit, even if the original conduct did not qualify as a hostile work environment.
A: That sounds like possible sexual harassment based on pervasive sexual comments. Have you reported this to HR? Do you have evidence and witnesses? The facts are crucial, however. 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.AliEsq.com. I practice law in CA, NY, MA, WA, 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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