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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.