Lawyers, Answer Questions  & Get Points Log In
California Sexual Harassment Questions & Answers
2 Answers | Asked in Sexual Harassment for California on
Q: Is it legally "forced penetration" if the victim still has their undergarments on? Referring to Penal Code 289(A)(1)
William John Light
William John Light
answered on Oct 2, 2022

If there was penetration, no matter how slight, then yes.

View More Answers

1 Answer | Asked in Employment Law and Sexual Harassment for California on
Q: False allegations of sexual harassment during employment transition from consultant to city resulting in resignation.

After false allegations co worker whom I dated ended the relationship. After one day of employment the awkwardness of going through the investigation and false rumors. I resigned effective immediately. I was reinstated as a consultant however the city denied my return, the HR Director asked the co... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2022

You have not asked a question.

I am sorry but there is nothing unlawful about your employer's conduct revealed in your post.

Good luck to you.

5 Answers | Asked in Employment Law, Personal Injury and Sexual Harassment for California on
Q: If past employees make a public statement about unsafe work conditions and sign it together could the employer sue us?

Issues with no breaks, injuries not being paid for, asking for injuries to be paid out of pocket instead of through workman's comp, removing fire alarms. Or is it safer to do an anonymous statement to avoid being sued. We just want to inform/protect future and current staff of the employers... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

If they are factually true statements, yes.

View More Answers

5 Answers | Asked in Employment Law, Personal Injury and Sexual Harassment for California on
Q: If past employees make a public statement about unsafe work conditions and sign it together could the employer sue us?

Issues with no breaks, injuries not being paid for, asking for injuries to be paid out of pocket instead of through workman's comp, removing fire alarms. Or is it safer to do an anonymous statement to avoid being sued. We just want to inform/protect future and current staff of the employers... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 8, 2022

A far more effective way to deal with issues like this is to report the company to OSHA regarding workplace safety issues, and locate and consult with an employment law attorney about the wage and hour violations. Simply making some kind of public statement likely results in noting and opens you... Read more »

View More Answers

2 Answers | Asked in Employment Law and Sexual Harassment for California on
Q: Can I do anything? i was sexually harassed by my manger about 3 years ago

She told me i would remember her for the rest of my life, i had to go to the hospital a couple times for suicidal ideation,i still can't stop thinking of her, i was only 18 and she was 35 , i told her to leave me alone but when i said that she kept doing it, i didn't understand at the... Read more »

Brad S Kane
Brad S Kane
answered on Sep 8, 2022

You should immediately file an administrative complaint online with Department of Fair Employment and Housing against your manager and her employer based on sexual harassment, gender based discrimination and retaliation. You have only 3 years from the last act to file the administrative complaint... Read more »

View More Answers

2 Answers | Asked in Civil Litigation, Libel & Slander and Sexual Harassment for California on
Q: I workout at a 24 hr fitness. Last week someone made a false claim and then spread rumors. Can I sue them?

I workout at a 24hr fitness in California. A manager approached me and wanted to talk to me. In his office, with a front desk employee listening he said a member that was a minor filed a report that I sexually harassed them. Also they accused me of taking photos or videos of them. I have no clue... Read more »

Neil Pedersen
Neil Pedersen
answered on Aug 15, 2022

Unfortunately, this Q&A site is not a place where you can ask attorneys to work for you. No one here should respond to your post with an offer to do so.

If what you have described has occurred and you can prove it and if you can prove the statements made about you are false, then you...
Read more »

View More Answers

2 Answers | Asked in Civil Rights, Sexual Harassment and Personal Injury for California on
Q: Privacy Rights & discrimination can I get a lawyer for that?

I fell down on a train and hurt my knee. I also been getting harassing behavior in the hospital & I'm being told my phone company is tracking & sharing my files on my device & doing unnecessary advertisements.

Neil Pedersen
Neil Pedersen
answered on Aug 10, 2022

You need to locate and consult with a personal injury attorney regarding the knee injury. That attorney should be able to assist you with any legal claim to be made against the train company, if one exists.

As to the harassing conduct in the hospital, far more would need to be known about...
Read more »

View More Answers

2 Answers | Asked in Sexual Harassment for California on
Q: Can I get a valid subpoena without law enforcement?

I get text harassments of personal nature from someone. Reporting to the police didn’t help since they document it and not doing anything. I can trace the number to a company that owns it and provides the app allowing their users to text. But the company requires a valid legal order in order for... Read more »

Adam T. Carralejo
Adam T. Carralejo
answered on Aug 5, 2022

You can only subpoena when there is a lawsuit, and even then there are additional barriers for a non-lawyer (you have to get the form approved by the court clerk).

Generally, sexual harassment is actionable from an employer, landlord, or someone else where it is difficult or impossible to...
Read more »

View More Answers

1 Answer | Asked in Personal Injury, Landlord - Tenant and Sexual Harassment for California on
Q: Okay I'm often hearing this neighbors interrupting with very negative things and mentions me and causeing me to lose tim

Yah like punks

Dale S. Gribow
Dale S. Gribow
answered on Jul 12, 2022

more info is needed.

what is your question?

are you suggesting nasty neighbors? that is probably not a criminal or PI matter.

you can try to get a restraining order? Have you called the police? have you considered small claims?

whatever you do, you would have to...
Read more »

1 Answer | Asked in Criminal Law, Immigration Law, Civil Rights and Sexual Harassment for California on
Q: Can you be stopped and body scanned at q borser crossing in san diego from mexico
Dale S. Gribow
Dale S. Gribow
answered on Jul 4, 2022

the correct answer is ...it depends.

a lawyer needs to know more info and have a clarification of what you are asking?

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: I'm straight. Can I sue my employer for sexual harassment by forcing me to read emails praising the LGBTQ community?

This infringes on my moral and religious beliefs and makes it impossible to feel loyalty for my employer.

Neil Pedersen
Neil Pedersen
answered on Jun 22, 2022

Far more would need to be known to answer your question. For instance if monitoring or reading emails is part of your job and you are not being singled out as part of an attempt to win you over to their way of thinking, it may not be harassment based on sexual preference or identity. On the other... Read more »

2 Answers | Asked in Civil Rights and Sexual Harassment for California on
Q: I was at a casino yesterday and was wearing an outfit that was “showing too much” and they made me go change.

Their website says nothing about a dress code however and I was just wondering if that violates any laws. It made me feel like I was being heavily discriminated against.

Neil Pedersen
Neil Pedersen
answered on Jun 8, 2022

There is no law that places you into a legally protected class of people because you wore clothing that was determined to be offensive to an establishment's dress code. That means you have no legal claim for discrimination.

Good luck to you.

View More Answers

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Plaintiff in Employment Discrimination Case Seeks a “Tried and True” Atty to Revive My Case.

The case was dismissed with prejudice because prior attorney retaliated and dumped me and I got sick and could not make it to the first day of trial. I have the facts but I didn’t get permissive.

I need an attorney to help me with a CCP 473 motion and represent me at hearing. It is in... Read more »

Neil Pedersen
Neil Pedersen
answered on May 24, 2022

I am sorry but this site is not the place to solicit attorneys to work for you. It is a question and answer site only. You are going to have to locate and contact attorneys to see if they are interested in handling your matter. However it is highly unlikely you will find an attorney to take your... Read more »

2 Answers | Asked in Employment Law, Sexual Harassment and Contracts for California on
Q: We’re beginning to explore options of filing a lawsuit for Hostile Work Environment against my wife Tawny in CA.

Need Advice and Attorney: We also need to explore options of filing a lawsuit for miss-classification for both of us. We're in the insurance industry, we're 1099 Independent Contractors but we're treated and controlled as employees. We currently live in CA, the main company is in... Read more »

Neil Pedersen
Neil Pedersen
answered on May 3, 2022

If you are looking for someone here to respond by saying they will look at your case, this Q&A site does not allow that. You will have to seek out and consult with attorneys to see if you have a meritorious claim. And you should do that because many people seriously misunderstand the concept... Read more »

View More Answers

1 Answer | Asked in Employment Law and Sexual Harassment for California on
Q: Can I sue my boss or employer I work for because they have affected my mental state, and relationship with my coworker?

My boss is sleeping with my brother, which is also my coworker. Fraternization between a manager and an associate is not permitted in our company policies. Since they suspect that I know what’s happening they feel threatened and that has affected me in the workplace as I get less working hours.... Read more »

Brad S Kane
Brad S Kane
answered on Apr 15, 2022

You may have a claim for sex based discrimination, because you are being treated differently than your brother, who is having intimate relations with your joint boss.

I would suggest that you start by reporting your concerns in writing to HR, including the fact that you believe there is a...
Read more »

3 Answers | Asked in Civil Litigation, Sexual Harassment and Personal Injury for California on
Q: I’m 54. Would the fraudulent concealment law apply if I was under the impression that the priest who abused me was Dead.

The church told me he died so I thought I couldn’t sue them. Turns out he was alive and living in Jupiter Florida I found out in like 1999 that he was 99 years old I believe or 90 something years old so I’m sure he’s dead by now. I have no proof that the church told me this please let me know... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 29, 2022

No need for that. The CA legislature revived sexual abuse claims for a three year period that we are still in. Immediately contact an attorney to preserve your rights.

Good luck to you.

View More Answers

1 Answer | Asked in Civil Rights and Sexual Harassment for California on
Q: Hello, what is a transgender person supposed to do in life threatening situations when police aren't doing anything?

Transgender person receiving ongoing threats, stalking and life is in danger. This stalking person has multiple restraining orders and counts of sexual assault yet police aren't doing anything. Where do you go from here?

Louis George Fazzi
Louis George Fazzi
answered on Mar 23, 2022

First of all, I would like to see more information.

If you have restraining orders in effect, then if you continue to be harassed by the person who is subject to the restraining order, you need to keep collecting evidence of the harassing conduct. You can do this by taking photos and/or...
Read more »

2 Answers | Asked in Business Law and Sexual Harassment for California on
Q: What kind of lawyer would help with sexual harassment from a business partner case?
Brad S Kane
Brad S Kane
answered on Mar 6, 2022

You need to speak with an employment lawyer. Most provide free consultations.

View More Answers

2 Answers | Asked in Sexual Harassment for California on
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... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 6, 2022

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...
Read more »

View More Answers

3 Answers | Asked in Personal Injury, Sexual Harassment, Civil Litigation and Government Contracts for California on
Q: Are there circumstances that would allow a victim of child sexual assault to file a lawsuit after signing a release and

receiving payment in a out of court compensation program the defendant setup to cutoff potential lawsuits that were likely to be filed because of pending legislation that would revive statutes of limitations for past actions that were known to exist but barred because complaints were not filed in... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 17, 2022

Likely not, but you need to have a personal injury attorney who specializes in sexual assault of minor cases look at the circumstances of the release. There are situations where releases can be set aside, but they are rare and narrow.

Good luck to you.

View More Answers

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.