Harrasment in California based upon gender or gender preference is unlawful. You were not too specific as to what the comments were and I would have to review those however, both the the employer and the harasser could be held liable for such actions.
The problem I do see is the nature and extent of damages. Presumably you have not lost your job so it would appear there would be no loss of income. On the other hand if the actions you complain of are severe and pervasive and resulted in your emotional distress you may have a claim based upon that.
Should you care to provide further information please contact our office. Stephan Math Esq.
Answered on Mar 15th, 2016 at 12:04 PM