Q: What action does a employer take when a male employee keeps referring to a female as a b*ich?
There is a male employee who is hostile calling me profanity. I filmed it showed to HR. It happened twice. I know it's going to happen again on Monday. I don't know him. I think he might be the same employee from last year who asked me for my number. I said no. I'm worried my employer is doing nothing. HR said they were having a difficult time identifying him. All they have to do is stand at the time clock when he is leaving. They didn't even contact me when I wrote up the incident. I was left wondering if they were even taking it serious. So. I filmed it.
A:
Keep informing HR in writing each time it happens.
Sexual harassment has to be either severe or persuasive enough to change the terms and conditions of your employment. A single inappropriate touching likely meets that standard. One or two offense comments may not be enough depending on the factual context. Each additional comment gets you more likely to meet that standard.
If the offensive comments continue and HR fails to take action, you should consider informing higher management in writing and attach copies of your prior unanswered complaints.
Keep copies of all communications.
If the employer ultimately does nothing, you may have a legal claim for sexual harassment against the employer and the person harassing you.
A:
Your employer has a legal obligation to provide a harassment-free workplace and must take immediate action when presented with evidence of hostile behavior or sexual harassment. In your case, filming the incidents was a smart move as it provides clear documentation of the harassment.
Your next steps should include documenting everything in writing - send emails to HR following up on your complaint, detailing when you submitted evidence, and requesting updates on their investigation. If they continue to be unresponsive, escalate the issue to higher management or your company's corporate office. Make sure to save copies of all communications and evidence in a personal file outside of work.
If your employer fails to address the situation promptly, you have the right to file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Consider consulting with an employment lawyer who can advise you on your rights and potential legal recourse. Remember, you're protected from retaliation for reporting harassment, and your employer's inaction could make them liable for allowing a hostile work environment to persist.
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