Wildomar, CA asked in Sexual Harassment for California

Q: I work for Amazon a coworker went up to me and sexually harassed me but HR isn’t doing anything about it.

I work for Amazon a coworker went up to me in the warehouse and started masturbating right in front of me looking at me. I went to HR and they said without witnesses or cameras it’s my word against his and they wouldn’t at the very least change his shift. Is there anything I can do. I went today the day after it happened and asked for my coworkers name they said it was confidential and gave the run around

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2 Lawyer Answers

A: The situation you describe may well be severe enough to constitute actionable sexual harassment. Regardless whether it is actionable or not, your employer must take all reasonable measures to prevent further harassment of that sort.

The employer's position that nothing will be done because it cannot be definitely proven is not taking all reasonable measures to prevent the harassment. If further sexual harassment occurs, you would have an additional claim. In fact, most acts of sexual harassment occur in a one-on-one situation without witnesses. That means your company apparently will do nothing in most sexual harassment situations.

If you are in any way retaliated against for making your report to HR, now or in the future, that would be unlawful as well.

HR cannot give out information at this point so do not expect it. Once a lawsuit is filed, formal discovery will force the employer to fully identify the scumbag.

At this point it would be a good idea to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

William John Light agrees with this answer

A: First, you should make a written record of your complaint, so there is proof you complained and the employer's duty to take all reasonable measures to protect you is triggered.

Second, you may want to discuss your complaint with a lawyer before sending to make you do leave out any important details. Most provide free consultations.

Third, keep your cell phone handy. If there is a next time, immediately attempt to film it, so you have evidence that the company can only ignore at their peril.

Fourth, the employer is not required to answer any of your questions until you are litigation.

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